Miami Child Pornography Defense Attorney
While Florida law takes all sex-related crimes seriously, the law is particularly harsh regarding offenses that involve children. If you are suspected of manufacturing, possessing, or distributing child pornography in Miami, you are facing serious potential consequences including extended time behind bars. Child pornography cases often involve complex investigations and possibly even undercover operations, so the prosecutor may have a significant amount of evidence against you by the time you are arrested and charged. It is absolutely essential that you have a highly experienced Miami child pornography defense attorney representing you as soon as you believe you may be under investigation or if you have already been accused of this offense.
Child Pornography Under Florida Law
The definition of child pornography in Florida law includes any image that shows a minor engaging in sexual conduct. The following are some further definitions to clarify what constitutes child pornography:
- Minor – Anyone under the age of 18 years old.
- Images – Photos, motion pictures, videos, shows, exhibitions, or any other type of representation involving sexual conduct and a child. This also includes digitally-generated images that are not distinguishable from an actual child.
- Sexual conduct – Sexual intercourse or simulated sexual intercourse, exhibition of genital areas in a lewd manner, masturbation, sexual battery, or any other physical contact with genitals – clothed or unclothed – that is meant for the gratification or arousal or either party.
There are many different acts that are criminalized when it comes to child pornography and many of these cases allege that the defendant did one or more of the following:
- Downloading images;
- Uploading images;
- Sharing images online;
- Possessing image files on a smartphone or computer;
- Sending image files via email, text messages, or other online messaging;
- Soliciting minors to participate in making child pornography, often online;
- Arranging meetings with a minor online and traveling to the planned location.
Many state and federal law enforcement agencies may engage in undercover sting operations in which they pose online as either minors or other individuals seeking child pornography. These operations can result in the search of your home, including all smartphones, laptops, tablets, desktops computers, and hard drives. If evidence of child pronography is found, you can be arrested and charged with a third or second-degree felony, depending on the circumstances and the acts alleged.
Child pornography charges can be pursued in either state or federal court and can result in years of imprisonment for each count against you. In addition, if your case is charged federally, you will have labs working against you with extensive resources searching for any shred of evidence they can find.
Contact a Miami Child Pornography Attorney Immediately if You Have Been Arrested
Child pornography is an extremely serious charge and your very first call should be to seek representation from a Miami child pornography defense attorney with extensive experience handling this type of case. At the law office of Jeffrey S. Weiner, P.A., we regularly defend against charges in both state and federal court and will aggressively fight your charges. Please call us at 305-670-9919 today.