Computer Pornography Charges in Florida

In the state of Florida, Computer Pornography is committed when a person:

  • Knowingly compiles, enters into, or transmits by use of computer;
  • Makes, prints, publishes, or reproduces by other computerized means;
  • Knowingly causes or allows to be entered into or transmitted by use of computer; OR
  • Buys, sells, receives, exchanges, or disseminates,

any notice, statement, or advertisement of any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct.

PENALTY

Any person charged with Possession of Child Pornography, a third-degree felony, can face up to five (5) years in prison if convicted, along with a fine and sex offender registration.

Each photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation may be charged as a separate felony offense. 

Additionally, if the photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation depicts sexual conduct by more than one child, each child may be charged as a separate felony offense. 

Defenses

There are defenses to Computer Pornography; below are just a few:

  1. Someone else's use of the computer- unintended possession
  2. Material does not belong to the accused- shared computer
  3. Material is illegally seized by police
  4. Content is not child pornography under the law
  5. Accidental downloading of the images
  6. Lack of intent
  7. Entrapment

The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense shall not constitute a defense. However, this is an important fact for an experienced criminal defense attorney to consider in evaluating and preparing your case. 

Statute of Limitations

In Florida, a prosecution for Possession of Child Pornography must be commenced within three (3) years after the commission of the crime.

Get the Right Defense with a FREE Case Review

Being accused of a crime such as Computer Pornography does not necessarily mean you are guilty of said crime.

There are many factual and legal issues that must be investigated and evaluated. Because of the complexities and penalties associated with a Computer pornography charge, it is imperative that you speak with an experienced criminal trial lawyer right away.

If you or someone you know has been accused of Computer Pornogrpahy in the Pinellas County or surrounding areas, it is very important that you contact an experienced sex crimes defense attorney immediately. Our team of attorneys, investigators and experts are highly experienced in defending sex crimes and will begin building your defense today.

Contact us for a free analysis of your case at our local office located in Clearwater, Florida.  Contact Powers Sellers & Finkelstein, PLC today at 727-531-2926 to learn about your legal options if you have been accused of Possessing Computer Pornography. Start building your defense immediately!

References:

Florida Statute §847.0135

Florida Statute §775.082, §775.083, & §775.084

Florida Standard Jury Instructions Criminal Cases

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