Miami Child Pornography Defense Lawyer

Experienced Attorney for Charges of Possession or Distribution of Child Pornography in Miami, Florida

Child pornography charges are among the most serious criminal offenses a person can face in Florida. Because of the ways that these crimes can harm children, they carry severe legal penalties. A person who is accused of possessing or distributing child pornography will not only face criminal prosecution, but these cases can also have long-lasting personal consequences. Because law enforcement takes such an aggressive and harsh approach in these cases, anyone who has been accused of a child pornography offense will need legal representation from an experienced attorney.

Because of issues related to complex digital evidence and the possibility of illegal searches and seizures, it is important to work with a defense lawyer who can take steps to protect a person's rights. At The Hoffman Firm, our attorney can provide critical legal guidance and representation, developing a strong legal strategy to help a person avoid a sex crime conviction.

Types of Materials That May Be Considered Child Pornography

A person may face charges if they are found in possession of any of the following:

• Photographs, videos, or digital images of minors engaging in sexually explicit conduct
• Computer-generated imagesdepicting minors in sexual situations, including images appearing to depict actual children or artificial images that a reasonable person would believe depicts a real minor
• Online communications involving the exchange of child sexual abuse material (CSAM)

Possession of even a single illegal image can lead to serious criminal charges. However, possession of multiple images or videos may indicate that a person intended to distribute these materials to others, and the penalties in these cases may be even more severe.

Child Pornography Laws in Florida

Florida law criminalizes the possession, distribution, promotion, and production of child pornography. These offenses may involve any images, videos, or digital files depicting minors under the age of 18 engaging in sexual conduct, including sexual intercourse, simulated sexual intercourse, masturbation, or nudity that is meant to provide sexual gratification.

A person may be charged with possession of child pornography if they knowingly have illegal images or videos stored on any device, including a computer, phone, or external hard drive. Each individual image or file is considered a separate offense, and separate offenses may also apply for each child depicted in a single image or video. Possession of child pornography is a third-degree felony, which may result in a maximum prison sentence of five years and/or a maximum fine of $5,000.

Charges of distributing or promoting child pornography may apply if a person intends to share illegal content with others, such as by transmitting files over the internet. Possessing at least three copies of a photo or video may be considered evidence that a person intends to promote or distribute this material. This offense is a second-degree felony, and a person who is convicted may be sentenced to up to 15 years in prison and fined as much as $10,000.

Creating, filming, or directing any visual depiction of a minor engaged in sexual conduct may result in charges of production of child pornography. The offense of "use of a child in a sexual performance" is a second-degree felony. If a parent or guardian transfers custody of a child with the knowledge that the child will be involved in the production of child pornography, or if a person obtains custody of a child for these purposes, they may be charged with the offense of "selling or buying of minors." This is a first-degree felony that could lead to a prison sentence of up to 30 years and fines of up to $15,000.

Federal Child Pornography Charges

In addition to state laws, child pornography offenses may be prosecuted at the federal level. Federal charges typically involve offenses that took place in multiple states or countries. Because child pornography may be transmitted through computer networks in multiple states or downloaded from systems in other countries, a person accused of possessing or distributing illegal materials may be charged with federal crimes.

Specific federal charges may include:

• Possession of Child Pornography: This offense carries a sentence of up to 10 years in federal prison or up to 20 years if materials depicted a child under the age of 12.
• Distribution of Child Pornography: A person may face a sentence of between 5 and 20 years in federal prison.
• Production of Child Pornography: Coercing, enticing, or employing a child to participate in the creation of child pornography can lead to a sentence of 15 to 30 years in federal prison.

In addition to a prison sentence, people who are convicted on federal child pornography charges may be fined up to $250,000.

Defending Against Child Pornography Charges

When defending clients, our Miami child pornography attorney will examine the evidence, challenge procedural errors, and fight for a fair trial. Possible defenses may include:

• Unintentional Possession: If illegal material was unknowingly downloaded due to malware, viruses, or other reasons that were out of a person's control, our lawyer may be able to argue that the accused did not knowingly possess the material.
• Lack of Knowledge: In some cases, a person may not be aware that certain images or files existed on a computer or other device. This defense may apply in cases involving shared computers.
• Mistaken Identity or Hacking: If a person's computer or internet accounts were compromised by hackers, their devices or accounts may have been used to download or transfer illegal content without their permission.
• Illegal Search and Seizure: Law enforcement officers must follow the correct procedures when seizing electronic devices. If a search was conducted without a valid warrant or in violation of a person's constitutional rights, the evidence obtained by law enforcement may be suppressed during a trial.

Contact Our Miami, FL Child Pornography Charges Attorney

When you have been accused of an offense involving child pornography, you will need to make sure you have legal representation from an attorney who understands the best defense strategies to use in these situations. Contact the Miami child pornography defense lawyer at The Hoffman Firm to arrange a free consultation. Call us today at 305-249-0090.