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West Palm Beach Child Pornography Defense Lawyer

Defending you in Florida federal possession and manufacturing cases

Florida law protects children from sexual exploitation by prohibiting the promotion and production of child pornography. The state prosecutes individuals who possess, control, or view pornographic photos or films that depict minors, who are under the age of 18. Under state statutes, the term “sexual conduct” includes actual and simulated sexual activity, lewd display of genitals, physical contact with clothed or unclothed genitals, buttocks, pubic area, or female breasts with the intent to arouse or gratify sexual desire. Sex crimes are aggressively prosecuted. If you are facing such charges in Florida, a critical first step is to contacting a West Palm Beach child pornography defense attorney prior to communicating in depth with law enforcement. Investigators and law enforcement agencies typically work meticulously to gather evidence and prosecute these types of cases. However, the accused may sometimes have their rights violated by overzealous investigators due to lack of experience with the legal process and constitutional protections.

Types of related charges

In West Palm Beach, Florida, child pornography charges are divided into four categories. Based on the details of the case, an individual may be charged with one or more of the following offenses:

  • Use of a Child in a Sexual Performance: A person may be convicted if he or she knowingly employs or induces person under the age of 18 to engage in a sexual performance or if the person is the person child’s parent, custodian, or legal guardian and he or she gives consent for the child to participate in a sexual performance.
  • Promoting a Sexual Performance by a Child: A person may be found guilty if he or she knowingly promotes, produces, or directs a performance that includes sexual behavior that involves a person who is under 18;
  • Possession with the Intent to Promote:: A person is guilty if he or she promotes any photograph, video, exhibition, show, representation, or other presentation that displays the involvement of a person under 18 in sexual conduct;
  • Knowingly Possessing, Controlling, or Intending to View: A person violates the law if he or she possesses, controls, or intentionally views a photograph, video, exhibition, show, representation, image, data, computer image or any other presentation that depicts the involvement of a person under 18 in sexual conduct.

Use of a Child in a Sexual Performance, Promoting a Sexual Performance by a Child, and Possession with the Intent to Promote, and are more severe 2nd degree felonies while Knowingly Possessing, Controlling, or Intending to View Child Pornography is a third degree felony.

Arrested on a federal charge?

Speak with an attorney immediately. Don’t say anything that might incriminate yourself.

How these cases are prosecuted in West Palm Beach

Child pornography cases often result in multiple charges if multiple illegal images are discovered. Though the term “pornography” may sound collective, Florida law recognizes the possession of each image as a distinct crime. Therefore, those who are arrested for possession of child pornography in West Palm Beach may be charged with tens or hundreds of counts of possession, depending on how many images are found. Prison sentencing is mandatory for people who are convicted of four or more counts with possession of child pornography. A judge may impose a sentence of up to five year imprisonment. In addition to possible fines, jail time or years of imprisonment an individual who is convicted must also comply with sex offender probation and be listed on the state sex offender registry.

Possible defenses for these charges

In order to obtain a conviction, a Florida prosecutor must establish the accused person’s intent. Because of the way digital technology works, a person may unknowingly possess child pornography. A person may receive an unsolicited illegal image and delete the image immediately. However, a smaller thumbnail copy may remain stored on the person’s computer or handheld device. In other cases, a virus may send illegal images and continue to spread the images to other people who download files from the infected computer. In both cases, the accused may raise transitory possession as a defense because he or she never had intent to view the images or to distribute them.

In other cases, illegal images may be placed on the accused person’s computer by someone else. This typically happens in cases in which a computer is shared by multiple people or if the accused allowed someone else to borrow his or her computer. There are also instances in which pornographic images may be placed on another individual’s computer for retaliatory purposes or as a prank.

Simple mistakes could have a lasting impact

Most people have accidentally clicked on a deceptive link or downloaded a file unintentionally while using the Internet. Many have received unsolicited emails or have fallen victim to deceptive advertising or an outright scam over the internet. However, if child pornography is involved, the stakes are immediately raised. A basic error may lead to heightened scrutiny from law enforcement, damage to the accused person’s reputation, and if convicted, a fine, probation, and imprisonment. Being accused of producing, promoting, or possessing pornographic material that depicts children is a very serious matter. However, there is help for those who face false charges.

Just arrested? Consult with lawyer right away

Anyone who has been accused of a related offense should immediately contact an experienced West Palm Beach defense attorney who has a proven track record with sex crimes cases. A qualified defense lawyer will treat you with respect and professionalism while asking all the important questions to learn the facts of the accused person’s case. He or she can employ highly experienced experts to investigate and gather all available evidence that can be used to establish the defendant’s innocence. Furthermore, an attorney can help an accused person avoid constitutional rights violations, and the perils of improperly conducted interrogations and self-incrimination. A person who has been accused of a related offense should contact counsel as early as possible. Not only can a sex crimes defense lawyer help accused individuals by intervening in conversations with police to protect the rights of the accused, but he or she can help the individual avoid unnecessary damage to his or her reputation, job loss, and strained social and family relationships due to false allegations. For those who delay in obtaining legal representation, the consequences of a false accusation that is related to child pornography may follow the wrongfully accused individual facting an attorney may be of tremendous benefit to those facing sex offense charges in West Palm Beach, Florida.