Child Pornography Charges in West Palm Beach

Contact a Qualified West Palm Beach Sex Crimes Lawyer

Sex crimes are unique in that not only are they heavily prosecuted, but the social stigma attached to them makes even mere accusations devastating on those whom they are levied against. Prosecutors often seek the highest possible penalties and will push as hard as they can to bring cases to trial and seek justice against those who are caught, particularly for offenses involving children such as child pornography. Child pornography laws are extremely strict and wide-reaching, which means you could find yourself facing potentially life-changing criminal consequences before even realizing you’ve done something wrong.

If you’re facing child pornography charges, you absolutely can’t afford to take your case into your own hands or leave it to someone who isn’t experienced or qualified to handle these types of matters. At the Law Offices of Greg Rosenfeld, P.A., our West Palm Beach sex crimes attorney has the knowledge and history you’re looking for when in need of a powerful ally to fight back against sex crime charges. With dozens of successful trials and a long list of satisfied clients, there’s a reason why he’s been named to the Super Lawyers® Rising Stars™ list. His test and proven methodology for approaching each case not only provides you with the unique and individually-tailored strategy that’s the most effective for your case but sees that your needs are cared for every step of the way.

Elements of a Child Pornography Charge

What exactly is child pornography in Florida? With a law so stringent, it’s not uncommon for a number of myths and rumors to go around as to what exactly this law defines as pornography and what is not. Florida statute 827.071(5)(a) says the crime of child pornography is “knowingly possessing, controlling, or viewing child pornography.” The law also defines pornography as photographs, motion pictures, exhibitions, shows, representations, images, or even electronic depictions of sexual conduct by a child, whether actual or simulated.

Florida’s laws are particularly harsh, in that they treat each image of pornography as a separate charge. Therefore, someone who possesses a hard drive with 30 illicit images involving minors could be charged with 30 different counts of child pornography. Most people who are arrested are charged with dozens or even hundreds of counts of this crime! This is particularly intimidating when you consider that each count is considered to be a felony of the third degree, meaning the possibility of significant penalties.

Additionally, child pornography can be charged in state and federal court. In Florida state court, a guilty verdict or conviction of a single count of child pornography can include the following consequences:

• Up to five years in prison
• Five years’ probation
• A $5,000 fine
• Mandatory sex offender designation for life

Florida also doesn’t necessarily make any special exemptions for multiple counts, which means that as little as 10 images, videos, or other forms of child pornography could mean you face up to 50 years in prison and $50,000 in fines! On top of that, permanent sex offender status means you’ll likely struggle to be able to obtain housing, get a job, or even apply for financial assistance like a loan or credit card in the future. The social stigma that’s associated with a guilty verdict can be a massive burden to carry for the rest of your life.

Defenses Against Child Pornography

Those who are accused of child pornography may be able to utilize a number of different legal defenses in their case. For example, if you were caught in a law enforcement sting and the authorities’ actions influenced your participation in the illegal action, you may be able to claim your arrest and charges were levied as a result of entrapment. Likewise, if you know for a fact that all participants in the lewd material were of legal age (over the age of 18), then no crime has actually been committed and you could be acquitted for that particular charge—even if the models in these materials look younger than this age. Which defense is right for you is something that you will need to determine with the help of a lawyer who can help you create a reliable and effective strategy.