Naples Child Pornography LawyersUnder Florida Stat. 827.071, a person can be convicted of possessing child pornography in Naples if he or she knowingly controls, views, or possesses images depicting a child engaged in sexual conduct, which applies to photos, movies, images, data files, computer depictions, and any other presentation. To be considered sexual conduct for the purposes of Naples and Florida law, the activities depicted involve:
- Actual or simulated sexual activity
- The lewd exhibition of the genitals
- Actual physical contact with a person’s genitals, pubic area, buttocks, or female breast whether clothed or unclothed if done with the intent to gratify sexual desire
- Sadomasochistic abuse
- Any act that constitutes or simulates sexual battery
Separate Offenses Still Covered Under Child Molestation Lawyers in NaplesIn Naples, Florida, the possession of each pornographic image is considered a separate and distinct crime. This means that each image of child pornography found on a person’s computer or in his or her possession can be prosecuted as a separate count. If, for example, a person had 100 images depicting sexual conduct of a child on his computer, he could be charged with 100 counts of possessing child pornography. Because the sentence for a single count is five years in prison, the individual could end up being sentenced to life in prison. Furthermore, when photos, movies, or other forms of child pornography include sexual conduct by more than a single child, then each child in the image will also be considered a separate offense.
However, defendants who are charged with four or more counts of possessing child pornography in federal court could be subject to different sentencing guidelines. For instance, unless there are reasons for reducing the sentence, judges are required to sentence those who are convicted of more than four counts of possessing child pornography in Naples to prison for at least a year.
Potential Defenses Employed by Our Naples Child Pornography LawyersThere are a number of defenses available to those who have been charged with the possession of child pornography in Naples, including that:
- The images in question depict those who are over the age of 18 years old, even if they appear to be minors
- The images were sent without their consent, were immediately deleted, and the defendant was not aware that the image remained in the memory cache on their computer
- The evidence against them was the result of an illegal search by law enforcement officers
- They use a shared computer and did not download or view the images
- They received the computer secondhand from a previous owner who downloaded the images without the defendant’s knowledge.