Daytona Beach Child Pornography LawyersThe Daytona Beach child pornography lawyers that work with us here at the Sex Crime Defense Team are all very well educated in Florida child pornography laws and legal procedure. Those who are discovered to have child pornography in their possession face third-degree felony charges for each image viewed, downloaded, or saved to a digital device. This means that a person who had hundreds of images saved on his or her computer could end up being sentenced to life in prison. Although these types of possession charges are some of the most commonly charged child-pornography related offenses, they are by no means the only ones, as Florida law also prohibits manufacturing, distributing, producing, and transmitting child pornography. Many of these activities are also prohibited under federal law, so a defendant could face charges in both state and federal court.
Producing, Manufacturing and Transmitting Child Pornography in Daytona BeachProducing and manufacturing child pornography in Daytona Beach is prohibited by Fla. Stat. 847.001, which bans the promotion, or creation of material that contains a sexual performance by a child. What actions qualify as manufacturing child pornography in Daytona Beach is interpreted broadly to include the actual taking of photographs, as well as recording live sexual conduct. However, in Daytona Beach, Florida, defendants can be charged with this offense if they are found in possession of a number of copies of the same image. In these cases, making a copy is considered creating a new image and so satisfies the definition of manufacturing child pornography.
Those who are accused of producing child pornography in Daytona Beach also often face additional charges of using a child in a sexual performance, which requires proof that the defendant employed, induced, or authorized a minor to engage in a sexual performance, as well as charges of distribution. In fact, even when there is no actual evidence of distribution, a person can be convicted of possessing child pornography with the intent to promote the sexual performance of a child if they are found in possession of three or more copies of the same image, film, or photo. As second-degree felonies, all of these offenses are punishable by an additional 15 years in prison.
Federal Child Pornography-Related OffensesChild pornography is not protected by the First Amendment, so those who are found in possession of material that satisfies the definition of child pornography contained in 18 U.S.C. §2252 can be tried in federal court. Unlike state law, which defines child pornography as material that includes depictions of children engaged in actual sexual conduct, such as intercourse or masturbation, federal law only requires that the image be sexually explicit. Although this term is not specifically defined, it is generally understood to include not only sexual conduct but anything that is sexually suggestive, such as nudity. It is also considered a federal crime to distribute this type of material by:
- Using a common carrier to transport the images across state lines
- Using the internet to transmit the material
- Using materials or equipment that were previously shipped in interstate commerce to manufacture or distribute the material
Being tried in federal court can have serious consequences, as these types of crimes tend to be aggressively prosecuted and penalized. For instance, those convicted of manufacturing or distributing child pornography in federal court could end up spending 20 years in prison for a first offense. Penalties can be further increased if:
- The defendant has been convicted of other sex offenses
- The material included images that were violent in nature
- A minor was sexually abused during the creation of the material
- The material involved sadism or masochism