Under Florida Statute 847.001(3), the term child pornography means 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.
While child pornography cases can be egregious when they involve adults
who intentionally disseminate images of children being sexually assaulted,
other cases involve teenagers who are involved in consensual sexual relationships
Even if there is consent, or if the minor sent the sexually explicit image
to the other party (alleged perpetrator), the adult who willingly receives
and views such images can be prosecuted for possessing
child pornography under Florida law.
If someone finds out that you are possessing “child pornography,”
or if they come across images on your cellphone, 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.
Possession of Child Pornography Under Florida Law
Did you know that possessing, distributing, transmitting and manufacturing
child pornography are illegal in Florida? Not only that, but they are
third degree felonies, punishable by up to 5 years in prison and a fine
not to exceed $5,000.
Under Section 847.011, virtually all acts even remotely connected to possessing
or distributing child pornography are criminalized under Florida law,
and this includes knowingly possessing, showing, advertising and showing
obscene materials depicting child pornography, including:
- Comic books
- Story books
A violation of Section 847.011 is a misdemeanor of the first degree, punishable
by up to one year in jail and up to a $1,000 fine.
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.
If you are facing child pornography charges for any reason, it’s
imperative that you contact a Tampa criminal defense attorney from Thomas
& Paulk, P.A. for the help you need. As former Hillsborough County
prosecutors who have handled thousands of cases in the state and federal
courts, we’re qualified to defend you!
Call now to schedule a free case evaluation with an experienced member of our legal team!