Jacksonville Child Pornography Lawyers

The Jacksonville child pornography lawyers here at the Sex Crime Defense Team have the education and experience to represent you and your interests in a court of law. Those who are convicted of possessing, manufacturing, distributing, or promoting child pornography face jail time, heavy fines, and mandatory registration as a sex offender. Generally, the length of a person’s sentence will vary depending on a number of factors, including the number of images found in the defendant’s possession, whether he or she has a prior criminal record, and whether the images depicted abuse, or involved prepubescent minors. For example, possessing child pornography is usually charged as a third-degree felony, but if a person had ten or more images in his or her possession, then that individual could face enhanced second-degree felony charges.

Possession of Child Pornography in Jacksonville

Although Fla. Stat. 827.071’s prohibition against possessing child pornography in Jacksonville applies to hard copies of images, it also covers electronically stored depictions. In either case, before a person can be convicted of possessing child pornography, prosecutors must be able to prove that the defendant knowingly possessed or controlled the image, which requires proof that:

The defendant viewed more than a single image over a period of time
The defendant took affirmative steps to save the images or was aware that downloaded files would automatically be saved

Defendants are permitted to raise a variety of defenses when faced with these allegations, including that:

The images were downloaded by another user of a shared computer
The images were downloaded by a previous owner
The individuals depicted were over the age of 18 years old
The images were recovered during an illegal search
The images do not depict sexual conduct, but qualify as child erotica

Defendants often require the aid of an expert forensic computer specialist who can help demonstrate how and when the images were downloaded, viewed, and saved.

Promoting the Sexual Performance of a Child in Jacksonville

Florida law also prohibits the promotion of the sexual performance of a child. A number of activities fall under this category, as the term “promote” is broadly defined as procuring, manufacturing, selling, mailing, delivering, transferring, or distributing child pornography. Anyone who produces, directs, or promotes the sexual performance of a child can be convicted of a second-degree felony, which is punishable by up to 15 years in prison and a $10,000 fine. This applies not only to photos, but also to films, plays, pictures, dances, and any visual representation exhibited before an audience. In Florida, it is even possible to be charged with possessing child pornography with the intent to promote the sexual performance of a child if a person is found in possession of three or more copies of the same photo, film, or representation.

Federal law 18 U.S.C. §2252A also prohibits similar behavior, although it is referred to not as promoting child pornography, but as distributing it. Florida residents can be charged in both state and federal court if they sold, transmitted, or transported images of children engaged in sexually explicit conduct using interstate commerce. This includes using the internet, as well as more traditional methods of distribution, such as the mail system.

Jacksonville Transmission of Child Pornography Via Electronic Device

Although federal law covers the transmission of child pornography over the internet, Florida also specifically prohibits using electronic devices to transmit this type of material. Under Fla. Stat. 847.0137, defendants can be charged with a third-degree felony, as long as prosecutors can prove that they were aware of the nature of the content being sent. While the law applies to situations where pornographic material is being sent via email, the state Supreme Court has stated that using a file-sharing program, such as Dropbox, also qualifies as transmission for purposes of this statute. However, in order to obtain a conviction, prosecutors will still need to prove that the defendant actually loaded the images onto a specific file and then granted access to a third party who was then able to view the material. Similarly, this law covers images sent in text messages, chat rooms, and on social media sites.

Reclassifying Charges of Jacksonville Child Pornography Cases

According to Fla. Stat. 775.0847, prosecutors can reclassify a charge to the next highest degree if a defendant is found in possession of ten or more photos or films of a child engaged in sexual conduct and at least one of the images depicted:

A child under the age of five years old
Sadomasochistic abuse
Sexual battery
Contained a pornographic movie, regardless of its length

In these cases, prosecutors can charge third-degree felonies as second-degree felonies and second-degree felonies as first degree felonies, which could add decades to a sentence if a defendant is convicted.