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Child Pornography

Few crimes carry the immediate stigma of even the mere accusation of a child pornography offense. Alleged offenders facing these charges understandably feel as though they are entering courtrooms under the presumption of guilt needing to prove their innocence.

Possessing, distributing, and manufacturing child pornography are all serious criminal charges that can lead to severe penalties under state and federal law. It is far from uncommon for innocent people to be arrested for one of these offenses even though they never sought—or possibly even never knew that they were involved with pornographic material featuring children.

Lawyer for Child Pornography Defense in Pensacola, FL

If you were arrested or believe that you might be under investigation for any kind of criminal offense relating to child pornography, it is in your best interest to immediately seek legal representation. Terrezza Law aggressively defends clients in Walton County, Santa Rosa County, Escambia County, and Okaloosa County.

Pensacola criminal defense attorney John Terrezza is admitted to represent alleged offenders in state courts throughout Florida as well as United States District Courts for the Northern District and Middle District of Florida. Call (850) 764-5291 or complete an online contact form right now to take advantage of a free, confidential consultation that will let our lawyer review your case.

Overview of Child Pornography Charges in Escambia County

• What are the possible penalties for state charges of child pornography?
• When might a person face federal charges for this crime?
• Where can I learn more about child pornography charges?

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Child Pornography Penalties in Florida

Florida Statute § 847.001(3) defines child pornography as any image depicting a minor engaged in sexual conduct. A minor is any person under 18 years of age and sexual conduct means any of the following:

• Actual or simulated sexual intercourse;

• Deviate sexual intercourse;

• Sexual bestiality;

• Masturbation;

• Sadomasochistic abuse;

• Actual lewd exhibition of the genitals;

• Actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; and

• Any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.

Specific offenses under state law involving child pornography include:

• Sexual Performance by a Child, Florida Statute § 827.071 — Possession, control, or the intentional viewing of any material involving child pornography is a third-degree felony punishable by up to five years in prison and/or up to $5,000 in fines. Each such photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation is treated as a separate offense. Promotion, intent to promote, employing, authorizing, or inducing a minor to engage in sexual acts for the purpose of producing pornographic material is a second-degree felony punishable by up to 15 years in prison and/or up to $10,000 in fines. Possession of three or more copies of photographs, motion pictures, representations, or presentations of sexual conduct by a child is considered prima facie evidence of intent to promote.

• Computer Pornography and Child Exploitation Prevention Act, Florida Statute § 847.0135(2) —Using a computer to buy, sell, receive, exchange, or disseminate 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 is a third-degree felony punishable by up to five years in prison and/or up to $5,000 in fines.

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Federal Child Pornography Charges

In the digital age, most child pornography is viewed and transmitted through the internet. As a result, many alleged offenders can face federal charges because online crimes are considered to have crossed state lines and thus be violations of the United States Constitution’s Commerce Clause.

Federal charges are far more serious than state offenses because the penalties are usually much more severe and federal prosecutors typically have far greater resources to pursue the charges. Images of child pornography—defined under 18 U.S. Code § 2256(8) as any visual depiction of a minor engaging in sexually explicit conduct—are not protected by the First Amendment and can result in any of the following charges:

• Sexual Exploitation of Children, 18 U.S. Code § 2251 — Production or attempts or conspiracy to produce child pornography is punishable by a fine of up to $250,000 and a mandatory minimum of 15 years up to 30 years in prison for a first offense, a fine of up to $250,000 and a mandatory minimum of 25 years up to 50 years in prison for a second offense, or a fine of up to $250,000 and a mandatory minimum of 35 years up to life in prison for a third or subsequent offense.

• Certain Activities Relating to Material Involving the Sexual Exploitation of Minors, 18 U.S. Code § 2252 — Transporting, shipping, receiving, or distributing child pornography is punishable by a fine of up to $250,000 and up to 20 years in prison for a first offense or a fine of up to $250,000 and a mandatory minimum of 10 years up to 40 years in prison for a second or subsequent offense.

• Certain Activities Relating to Material Constituting or Containing Child Pornography, 18 U.S. Code § 2252A — Mailing, transporting, shipping, receiving, distributing, or reproducing child pornography is punishable by a fine of up to $250,000 and up to 20 years in prison for a first offense or a fine of up to $250,000 and a mandatory minimum of 10 years up to 40 years in prison for a second or subsequent offense.

• Obscene Visual Representations of the Sexual Abuse of Children, 18 U.S. Code § 1466A — Possession of a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct is punishable by a fine of up to $250,000 and/or up to 10 years in prison, although an offense involving minors less than 12 years of age are punishable by a fine of up to $250,000 and/or up to 20 years in prison. Second or subsequent offenses are punishable by a fine of up to $250,000 and a mandatory minimum of 10 years up to 20 years in prison. Producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct is punishable by a fine of up to $250,000 and a mandatory minimum of five years up to 20 years in prison for a first offense or a fine of up to $250,000 and a mandatory minimum of 15 years up to 40 years in prison for a second or subsequent offense.

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Florida Resources for Child Pornography Charges

Florida Department of Law Enforcement (FDLE) | Child Pornography — Learn more about how the state of Florida defines child pornography and what to do if you receive or encounter it. You can also find links to organizations dedicated to fighting crimes against children and child safety tips.

Citizen's Guide to United States Federal Child Pornography and Exploitation Laws — View information about federal child pornography laws on this section of the United States Department of Justice (DOJ) website. You can also learn more about the history of child pornography trafficking in the United States, victims of these crimes, and how the DOJ’s Child Exploitation and Obscenity Section (CEOS) works to eradicate the production, distribution, and possession of child pornography. The website also includes answers to frequently asked questions and ways to report violations.

Innocent Man Accused Of Child Pornography After Neighbor Pirates His WiFi — This 2011 Associated Press story details the story of a man who was arrested by federal agents one morning for allegedly downloading child pornography only to have his 25-year-old neighbor arrested three days later on charges of distributing child pornography using the man’s unsecured router. The case was not an isolated incident. Examples cited by the AP also included a Florida man who was investigated by the FBI after “someone on a boat docked in a marina outside his building used a potato chip can as an antenna to boost his wireless signal and download an astounding 10 million images of child porn.”

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Find a Lawyer for Child Pornography Defense in Pensacola, Florida

Have you been arrested for any kind of alleged child pornography offense in Florida? Contact Terrezza Law as soon as possible for help protecting your rights and your future.

John Terrezza is a criminal defense attorney in Pensacola who represents clients accused of sex offenses in Milton, Gulf Breeze, Pensacola Beach, Navarre, and many surrounding areas. He can provide an honest and thorough evaluation of your case as soon as you call (850) 764-5291 or complete an online contact form to set up a free consultation. John Terrezza also represents clients in federal court in the Northern District of Florida in the Pensacola, Division.

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