I have extensive experience in defending possession of child pornography cases in Orange County and Seminole County. I examine each possession of child pornography case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced possession of child pornography attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges; and
5. Do whatever is necessary to avoid a sex offender conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Was any of the suspected child pornography collected against you illegally obtained?
• How many people had access to the device where the images were found?
• Is identity an issue? Do they have the wrong person?
• Were you read your Miranda rights? Were your statements illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS POSSESSION OF CHILD PORNOGRAPHY

Child pornography in Florida is also referred to as “sexual performance of a child” and can be charged as either a third degree felony or enhanced to a second degree felony, depending on several factors. Florida Statute 847.001(3) defines child pornography as “any image depicting a minor engaged in sexual conduct; or any image that has been created, altered, adapted, or modified by electronic, mechanical, or other means, to portray an identifiable minor engaged in sexual conduct.” Child pornography includes any motion picture, film, video, or computer-generated motion picture, film, or video involving a child, regardless of length and regardless of whether the motion picture, film, video, or computer-generated motion picture, film, or video contains sound.

Child pornography charges can be upgraded if 10 or more images are possessed in any, and the content of at least one image contains one or more of the following:

• A child under the age of five years old
• Sadomasochistic abuse of a child
• Sexual battery of a child
• Sexual bestiality involving a child
• Any pornographic film involving a child, regardless of its length and whether it has sound

It is important to note that each image possessed is a separate charge. This is also true if there is more than one child depicted in an image, in which case, each child portrayed in the photo or video would also constitute a separate count.

Florida Statute 847.001(16) defines the term “sexual conduct” to mean:

• deviate sexual intercourse;
• actual sexual intercourse;
• actual lewd exhibition of the genitals;
• simulated sexual intercourse;
• sadomasochistic abuse;
• sexual bestiality;
• masturbation;
• actual physical contact with a person’s unclothed or clothed genitals, buttocks, pubic area, or, if such person is a female, breast with the intent to gratify or arouse the sexual desire of either party; or
• any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.

HOW IS POSSESSION OF CHILD PORNOGRAPHY PROVEN IN FLORIDA

There are several different types of child pornography related criminal charges in Florida. The age of the victim, number of images, and the content of the suspected child pornography are relevant to determining the severity of the charges.

Possession of Material Including Sexual Conduct by a Child

To prove the crime of Possession or Control or Intentional Viewing of Material Including Sexual Conduct by a Child, the State must prove the following three elements beyond a reasonable doubt:

• The Defendant either knowingly possessed, knowingly controlled, or intentionally viewed child pornography.
• The child pornography included, in whole or in part, sexual conduct by a child less than 18 years of age.
• The Defendant knew that the child pornography included sexual conduct by a child less than 18 years of age.

Child pornography can be in the form of a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or a presentation.

PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY

Third-degree felonies for child pornography under state law include transmitting, distributing, possessing, and manufacturing child pornography under Florida Statute 847.0135, Florida Statute 847.0138, and Florida Statute 827.071. All possession of child pornography convictions result in a permanent Sex Offender designation.

Florida Statute 775.0847 allows prosecutors to reclassify a charge to the next higher degree if the defendant possessed ten or more pornographic images involving a child and the content of at least one of the collected images depicts:

• A child under the age of five years old
• Sadomasochistic abuse of a child
• Sexual battery of a child
• Sexual bestiality involving a child
• Any pornographic film involving a child, regardless of its length and whether it has sound

DEFENSES FOR POSSESSION OF CHILD PORNOGRAPHY

There are many defenses available to contest a charge of possession of child pornography in Florida. Some of the more common defenses include the following:

• Lack of Knowledge: This is applicable if you didn’t know you were in possession of the suspected child pornography, or if you didn’t know the material depicted a child. This is most common when someone else has access to the device containing the suspected child pornography.
• It’s Not Child Pornography: This can be the case if the media is child erotica, wherein even though children may be depicted, it is in a non-lascivious way. The media may also not be child pornography if it is revealed that the material is actually depicting adults, and not children.
• Unknowing Possession: This most often occurs when media is downloaded to your device without your knowledge and consent.
• Unlawful Search: If the police search your devices without either consent, or a lawful search warrant, the images in question can be suppressed.

CALL AN EXPERIENCED POSSESSION OF CHILD PORNOGRAPHY DEFENSE LAWYER

If you were recently arrested for, or charged with, possession of child pornography, please call my office at 407-740-7275 to discuss your options. I defend all possession of child pornography cases in Orange County and Seminole County. I offer a free consultation so that I can learn about you, learn about your case, and determine how I can help.