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Child Pornography Charges

Tampa Child Pornography Defense

Highly Experienced Tampa Child Pornography Defense Lawyers

While child pornography cases can be egregious when they involve adults who intentionally disseminate images of children being sexually assaulted, other cases involve teenagers involved in consensual relationships with adults. Even if there is consent, or if the minor sent the sexually explicit image to the other party, an adult who willingly receives and views such images can be prosecuted for possessing child pornography under Florida law.

If someone finds out that you possess “child pornography,” or if they come across images on your phone, laptop, or computer, they can report you to local law enforcement. If an investigation finds you in violation of the law, you could be sent to prison. At Thomas & Paulk, we can offer aggressive criminal defense counsel in the face of child pornography charges. We’ve served clients in Tampa for more than 20 years, handling thousands of cases.

Learn how our Tampa child pornography defense attorneys can help: call (813) 221-4200.

Possession of Child Pornography Under Florida Law

Under Florida Statute 847.001(3), child pornography is defined as any image that depicts a minor engaging in sexual conduct. Sexual conduct isn't limited to sexual intercourse. It can mean lewd exhibition of the minor's genitals or actual physical contact with the person's clothed breasts, buttocks, or pubic area. Virtually all acts even connected to possessing or distributing child pornography are criminalized, including knowingly possessing, showing, and advertising obscene materials depicting child pornography.

"Obscene materials" in a Tampa child pornography case may include:

  • Books
  • Magazines
  • Cards
  • Pictures
  • Drawings
  • Images
  • Recordings
  • Comic books
  • Storybooks

Possessing, distributing, transmitting, and manufacturing child pornography are third-degree felonies in Florida, punishable by up to 5 years in prison and a fine of up to $5,000. Each instance of possession or distribution, meaning every piece of obscene material, may be a separate charge. In this way, penalties may increase exponentially if a person is accused of possessing or distributing multiple pictures, videos, or other material.

Child pornography charges can result in extreme penalties. Contact Thomas & Paulk today to find out how our seasoned criminal attorneys can help you.

Experienced Counsel

 As former Hillsborough County prosecutors who have handled thousands of cases in the state and federal courts, our Tampa criminal defense attorneys are qualified to defend you against child pornography and other serious sex crime charges in Florida. 

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Child Pornography Charges in Tampa

Florida Sexting Laws & Child Pornography

73% of U.S. teens have smartphones, and 15% of teens have a basic cellphone, according to the University of California, Irvine. 

With so many teens having the ability to take sexually explicit photos or videos on their smartphones and tablets and transmit them electronically, many are finding themselves in embarrassing situations, some of which involve legal consequences. Sexting is not typically an issue between consenting adults who transmit explicit images of individuals who are 18 or over. That is because ordinary men and women don't usually transmit sexually graphic images of minors (which constitutes child pornography), but some teens do. 

When a teen shares images of nude minors or minors engaged in sexual activity, that teen can get themselves into a lot of trouble. While many states consider sexting by a teen a child pornography offense, some states, including Florida, changed their laws to prevent teens from becoming registered sex offenders. Knowing that teens are being inappropriate, Florida recognized the problem of charging teens with transmitting child pornography by an electronic device under Sec. 847.0137. In effect, Florida changed its law to address the issue of teens sexting specifically. Instead of automatically charging teens with child pornography crimes, the state created a graduated system of punishment.

Sexting Under Florida Law

A minor, someone under the age of 18, commits the crime of sexting when they knowingly use a smartphone, tablet, computer, or another electronic device to send an image or video that depicts a minor who is nude or engaged in sexual conduct. A teen can also get in trouble for sexting if they receive and possess a nude or sexually explicit image sent from another minor. However, if the teen did not ask for the photo, did not send it to anyone else, and took reasonable steps to report the image, the minor is not guilty of sexting.

Under 847.0141, if a minor is caught sexting, they commit one of the following, depending on the circumstances of the case:

  • Noncriminal violation, punishable by a $60 civil penalty, 8 hours of community service, completion of a cyber-safety program, or any combination thereof.
  • First-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
  • Third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.

If you received child pornography by email or by another means and you downloaded, printed, or copied it to a disk, or if you forwarded it to anyone, these actions may have put you on law enforcement's radar. Your entire future could be on the line. 

Protect your future. Schedule your free consultation today!