Daytona Beach Child Pornography Lawyers

Daytona Beach child pornography lawyers banner image The 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 Beach

Producing 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 Offenses

Child 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
In most cases, the use of the internet is enough to satisfy the federal jurisdictional requirement. However, when this evidence cannot be recovered, prosecutors can offer evidence that the cameras used to capture the material or the tapes on which videos were filmed, were shipped across state lines in order to establish jurisdiction.

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
In these cases, a sentence could be enhanced to life in prison. Although defendants are allowed to raise defenses to avoid conviction, they are barred from arguing that they believed that the minor was over the age of 18 years old or that they were unaware of the child’s age.

Sex Offender Registration for Child Pornography in Daytona Beach

Defendants who are convicted of possessing, distributing, or manufacturing child pornography in Daytona Beach must register as sex offenders. This means that they must comply with a series of rules for the rest of their lives, including registering with local law enforcement at least twice a year and providing contact information, as well as vehicle registration information, and details about employment to the sheriff’s office. Sex offenders are also prohibited from traveling out of state without notifying police and cannot accept employment that involves working with children. These individuals also have their personal information posted on the national sex offender registry website, which is available to the public.
Newsweek Super Lawyers BBB Avvo The National Trials Lawyers