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 with adults.
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!