Being charged with a sex crime of any nature is a terrifying experience. First, society frowns upon sex crimes in general and if your peers find out about the accusations being made against you you will face scrutiny in professional and social circles alike. Second, sex crimes - especially child porn charges - carry extremely harsh penalties at both the state and federal levels.
Florida Statute 827.071 makes it a felony offense to possess any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child. Under the statute, sexual conduct covers a broad variety of activity. Each individual movie or image is a third degree felony offense punishable by up to five (5) years in State Prison. However, once you have ten or more images or movies, each individual image or movie becomes a second degree felony offense punishable by up to ten (10) years in prison. Additionally, if you have three (3) or more copies of a single image you can be charged with a second degree felony as it is presumed that your intent was to distribute the images. On top of prison time and hefty fines, a conviction also requires mandatory sex offender registration for life.
If you have been investigated or charged with possession of child pornography, you need to contact an experienced criminal defense attorney today. Your attorney may be able to fight the charges against you based on a wide variety of defenses, including illegal search of your computer or other electronic media. Additionally, your attorney may be able to negotiate a plea agreement with the state to either reduce the charges against you or, alternatively, "cap" the maximum amount of prison time you are looking at if caught with a large number of images or movies.
If you have been contacted or arrested on child pornography charges, call an attorney with our firm today for a free, confidential consultation. We have five lawyers on staff, including four former prosecutors who have handled cases of this nature from both sides of the Courtroom. We know how the State will build a case against you and what you need to do to protect your name, reputation, and freedom.