Miami Child Pornography Attorney

We Are Ready to Fight Accusations of Unlawful Sexual Conduct Involving Minors

Florida takes child pornography allegations seriously. Most criminal offenses are charged as felonies, which means that the court can impose severe penalties upon a conviction, including decades of imprisonment and/or thousands of dollars in fines. Additionally, any person found guilty of a child pornography crime must register as a sex offender for life. The sanctions imposed for these crimes can alter the course of a person's life and severely limit the personal and professional opportunities available to them, even after they have completed their sentence. If you have been accused of a child pornography offense, waste no time retaining experienced legal representation.

You can be sure that when a prosecutor pursues a child pornography case, they will work relentlessly to obtain a conviction. You need someone on your side who will put in the time, effort, and resources necessary to challenge the accusations against you and seek the best possible outcome on your behalf. At Jeffrey S. Weiner, P.A., our Miami child pornography lawyers are experienced, knowledgeable, and have a rich history of obtaining results for past clients. We are ready to deliver the zealous advocacy you need and stand by you throughout your case.

To learn more about how we can help, call us at (305) 985-6640 or contact us online today.

How Does Florida Define Child Pornography?

Under Florida law, child pornography includes any visual depiction of a minor (a person under 18 years of age) participating in sexual conduct. For the most part, it does not matter whether the act they were engaged in was actual or simulated sexual conduct – both meet the definition of child pornography.

Sexual conduct includes the following:

• Sexual intercourse
• Deviate sexual intercourse
• Sexual bestiality
• Masturbation
• Sadomasochistic abuse
• Lewd exhibition of the genitals
• Physical contact with a person's clothed or unclothed private parts for sexual gratification
• Sexual battery

What Are Florida's Child Pornography Laws?

An array of conduct may be prosecuted as a child pornography offense.

The laws prohibiting such conduct include:

• Sexual performance by a child (Florida Statutes § 827.071): This law prohibits using a child in a sexual performance, promoting a sexual performance involving a child, and possessing with the intent to promote or viewing any depiction of a child engaged in a sexual performance.

Using a child in a sexual performance and promoting a sexual performance involving a child are second-degree felonies, punishable by:

• Up to 15 years of imprisonment and/or
• Up to $10,000 in fines

Possessing or viewing a sexual performance by a child is a third-degree felony, punishable by:

• Up to 5 years of imprisonment and/or
• Up to $5,000 in fines
• Transmission of pornography by electronic device (Florida Statutes § 847.0137): Under this law, it is illegal for a person to send child pornography to another person by any means.

The offense is a third-degree felony, penalized by:

• Up to 5 years of imprisonment and/or
• Up to $5,000 in fines
• Transmission of materials harmful to minors (Florida Statutes § 847.0138): A person is prohibited from sending material considered harmful to a minor to any individual that person knows is under 18 years of age. Harmful material is that which depicts nudity, sexual conduct, or sexual excitement that is offensive and created for salacious purposes.

This is a third-degree felony, with penalties including:

• Up to 5 years of imprisonment and/or
• Up to $5,000 in fines
• Computer pornography and traveling to meet a minor (Florida Statutes § 847.0135): This law prohibits various types of conduct, including using a computer to entice a child to participate in unlawful sexual conduct, traveling any distance to meet a minor to engage in sexual conduct, and transmitting a sexual act through an online service knowing a person under 16 years of age will view it.

If the alleged offender was 18 years of age or older, the offense is a second-degree felony, punishable by:

• Up to 15 years of imprisonment and/or
• Up to $10,000 in fines

If the alleged offender was under 18 years of age, the offense is a third-degree felony, punishable by:

• Up to 5 years of imprisonment and/or
• Up to $5,000 in fines

Being accused of any of the crimes listed above is serious. But know that you have legal options to challenge the allegations made against you. Our child pornography attorneys in Miami will explore all legal avenues and build an aggressive defense to fight your charge.

Sentence Enhancements for Child Pornography Charges

Under Florida Statutes § 775.0847, an offense can be increased to the next higher degree when the alleged offender had 10 or more child pornography depictions and other aggravating factors were present, such as the child being under 5 years of age or the conduct involved sexual battery. Thus, a third-degree felony becomes a second-degree felony, and a second-degree felony becomes a first-degree felony.

The law applies to the following offenses:

• Sexual performance by a child
• Computer pornography and traveling to meet a minor
• Transmission of pornography by electronic device
• Transmission of material harmful to a minor

Sex Offender Registration Requirement

Upon a child pornography offense conviction, the defendant will be required to register as a sex offender. Twice a year for the rest of their life, they must report their personal identifying information to the local sheriff's office. The Florida Department of Law Enforcement maintains a database of sex offenders, which is accessible to the public.

Call Today to Get Started Fighting Your Child Pornography Charge

Jeffrey S. Weiner, P.A. consists of a skilled team of lawyers who know what it takes to challenge criminal accusations. Additionally, founding attorney Jeffrey S. Weiner is a seasoned lawyer who holds criminal defense seminars for other attorneys.

To retain the services of our Miami child pornography lawyers, contact us at (305) 985-6640.