Florida Child Pornography LawChild pornography crimes are aggressively prosecuted and strictly penalized in Florida. Whether a person is accused of merely possessing pornographic items or of distributing them, he or she could face serious penalties, including a lengthy prison sentence and registration as a sex offender.
Child Pornography as Defined By Florida Statute 847According to Florida Statute Chapter 847, child pornography is defined as any image that shows a minor engaged in sexual conduct and includes:
- Motion pictures
- Computer depictions
What Is Sexual Conduct In The Legal Sense?In accordance with Florida Statute Chapter 847, the term “sexual conduct” covers a number of activities, including:
- Actual or simulated sexual intercourse;
- Deviate sexual intercourse;
- Sexual bestiality;
- Actual lewd exhibition of the genitals;
- Sadomasochistic abuse;
- Actual physical contact with a person’s genitals, buttocks, or breast; and
- Any act that constitutes sexual battery or simulates sexual battery.
Potential Punishments For Child Pornography Convictions In FloridaTo convict someone of possessing child pornography, a prosecutor must demonstrate that:
- The defendant knowingly possessed or viewed material that included sexual conduct by a child;
- The child in the image was under the age of 18 years old; and
- The defendant knew that the image in his or her possession contained sexual conduct of a child.
Promoting Sexual Performance by a ChildIn Florida, anyone who produces, directs, or promotes any performance which includes sexual conduct by a child under the age of 18 years old faces second degree felony charges. Generally, it is considered prima facie evidence of an intent to promote when a person has three or more copies of a pornographic photo, image, or video, in his or her possession. Promoting child pornography carries the most severe penalties and is punishable by a 30 year prison sentence.
It’s also important to keep in mind that each image in a person’s possession can be charged as a distinct criminal offense and that the higher the number of offenses, the more serious the penalties.