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Child Pornography Put a Skilled and Trial-Proven Attorney in Your Corner

Miami Child Pornography Lawyer

Also Serving Clients in Fort Lauderdale

Even when completely innocent, simply being charged with a crime relating to child pornography can have a profound impact on the lives of an alleged offender. Friends, families, and co-workers immediately pass judgment on those accused of these types of offenses, and the potential harm can be devastating long before alleged offenders even get the chance to step foot in courtrooms to defend themselves. If you were charged with this kind of sex crime, call the Miami child pornography lawyer at The Hoffman Firm for a free consultation.

We are here for you. If your case is in Miami call (305) 928-1669, if your case is in Broward County call 954-737-3004 now to get started.

Florida aggressively pursues harsh punishments for alleged child pornography offenses, but the largely online nature of sharing and viewing such material means that such crimes can be deemed as having crossed state lines. Thus, offenses involving pornographic material featuring children can be prosecuted under federal laws which involve penalties that are significantly steeper.

Child Pornography Charges in Florida

Child pornography is defined under Florida Statute § 847.001(3) as any image depicting a minor engaged in sexual conduct. A minor is any person under 18 years of age and sexual conduct is defined under Florida Statute § 847.001(16) as being “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify 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.”

It is important to understand that each photograph or image involved in a Florida child pornography case is treated as a separate offense.

Offenses relating to child pornography can include:

  • Possessing, Distributing, Transmitting, or Manufacturing Child Pornography — Third degree felony punishable by up to 5 years in prison and/or fine of up to $5,000
  • Possession with Intent to Promote Child Pornography — Second degree felony punishable by up to 15 years in prison and/or fine of up to $10,000
  • Selling or Transferring Custody of Minor for Purpose of Promoting or Producing Child Pornography — First degree felony punishable by up to 30 years in prison and/or fine of up to $10,000

Federal Child Pornography Penalties

Child pornography transmitted via the internet can be deemed as having crossed state lines and thus violating the Commerce Clause of the United States Constitution. In such cases, alleged offenders could face any one of a number of federal charges.

Federal laws relating to child pornography include:

  • Obscene Visual Representations of the Sexual Abuse of Children, 18 U.S. Code § 1466A — An alleged offender who possesses a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct can be ordered to pay a fine of up to $250,000 and/or sentenced to up to 10 years in prison. If an offense involves a minor less than 12 years of age, the alleged offender can be ordered to pay a fine of up to $250,000 and/or sentenced to up to 20 years in prison. Second or subsequent offenses are punishable by a fine of up to $250,000 and a mandatory minimum of 10 years up to 20 years in prison. Producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct is punishable by a fine of up to $250,000 and a mandatory minimum of five years up to 20 years in prison for a first offense or a fine of up to $250,000 and a mandatory minimum of 15 years up to 40 years in prison for a second or subsequent offense.
  • Sexual Exploitation of Children, 18 U.S. Code § 2251 — An alleged offender who produces or attempts or conspires to produce child pornography can be ordered to pay a fine of up to $250,000 and sentenced to a mandatory minimum of 15 years up to 30 years in prison for a first offense, ordered to pay a fine of up to $250,000 and sentenced to a mandatory minimum of 25 years up to 50 years in prison for a second offense, or ordered to pay a fine of up to $250,000 and sentenced to a mandatory minimum of 35 years up to life in prison for a third or subsequent offense.
  • Certain Activities Relating to Material Involving the Sexual Exploitation of Minors, 18 U.S. Code § 2252 — An alleged offender who transports, ships, receives, or distributes child pornography can be ordered to pay a fine of up to $250,000 and sentenced to up to 20 years in prison for a first offense or ordered to pay a fine of up to $250,000 and sentenced to a mandatory minimum of 10 years up to 40 years in prison for a second or subsequent offense.
  • Certain Activities Relating to Material Constituting or Containing Child Pornography, 18 U.S. Code § 2252A — An alleged offender who mails, transports, ships, receives, distributes, or reproduces child pornography can be ordered to pay a fine of up to $250,000 and sentenced to up to 20 years in prison for a first offense or ordered to pay a fine of up to $250,000 and sentenced to a mandatory minimum of 10 years up to 40 years in prison for a second or subsequent offense.

If you believe that you could be under investigation or you were already arrested in Miami for any kind of alleged crime relating to child pornography, it is critical for you to refuse to make any kind of statement to authorities without legal representation. The Hoffman Firm aggressively defends clients accused of sexual crimes throughout Miami and Fort Lauderdale.

Call us at (305) 928-1669 if you are in Miami, or 954-737-3004 if you are in Broward County, to schedule a consultation with an experienced criminal defense attorney.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
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