1010 W. Garden Street
Pensacola, FL 32502
Pensacola, FL 32502
Call Now for a Free Consultation
Little do most people know, child pornography crimes may be charged for each transmission. The crime can also be charged in the place where the images were sent or received. If a person in Florida transmits child pornography to another person in Pennsylvania, then the person who transmitted the material could face criminal charges in Florida or Pennsylvania. The person could also face federal charges under 18 U.S.C. § 2251 –Sexual Exploitation of Children.
Moreover, statutes concerning child porn cover a wide array of crimes, from sending or receiving child pornography to production, solicitation, or possessing. With the multitude of laws and the serious felony consequences that exist for breaking them, simply being investigated for child exploitation can be life altering, and talking with an attorney can help.
Florida law provides for multiple ways to be charged under the child porn statutes. Generally, an individual is charged for each dissemination of child porn. To understand child porn charges and to get help fighting them, call an experienced criminal defense attorney. John Terrezza has experience in both state and federal courts throughout the Florida Panhandle.
John Terrezza’s office is located on West Garden St. in Downtown Pensacola, less than one mile from the Escambia County Courthouse and the Federal Courthouse.
Call (850) 764-5291 for to schedule an in-person explanation of child pornography charges.
To prove that a person transmitted child pornography in violation of Section 847.0137, the prosecution must prove the following, beyond a reasonable doubt:
Florida law uses everyday words in different ways when those words are used as elements in the Florida statutes. Understanding the definitions can be useful in understanding the law.
The term "transmit" is defined as the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium.
The term "child pornography" is defined as any image depicting a minor engaged in sexual conduct.
The term "simulated" is defined as the explicit depiction of conduct described in the definition of 'sexual conduct' which creates the appearance of such conduct and which exhibits any uncovered portion of the breast, genitals, or buttocks.
The term "authority figure" is defined as a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.
Transmitting child pornography is charged as a third-degree felony, punishable by up to five (5) years in prison and up to $5,000 fines.
Each image transmitted can be charged as a separate crime and the sentences can run concurrently.
If the defendant was an authority figure at a school and the victim was a student at the same school, then the defendant may be subject to enhanced penalties. When the violation was of § 847.0137, then the penalty is enhanced to a second-degree felony. Second-degree felonies are punishable by up to fifteen (15) years in prison and up to $10,000 fines.
The alleged offender may also be charged with attempted child pornography transmission, which is a lesser-included offense of Section 847.0137.
Additional Resources
Federal Child Pornography –Visit the U.S. Department of Justice to read this U.S. Citizen's Guide on Child Pornography to find out the federal government charges various kinds of child pornography offenses.
Fla. Stat. § 847.0137 – Visit Online Sunshine, the official website of the Florida Legislature for more the full statutory language of the crime of transmitting child pornography by electronic device or equipment.
If you or someone you know has been charged with transmitting child pornography, finding an attorney who will fight for your rights is imperative. Let John Terrezza, an experienced criminal defense attorney in Pensacola, Florida, help you.
The consequences of transmitting or possessing child porn can have implications at the state, federal, and even international level. If you are being investigated for child porn in Pensacola in Escambia County or Milton in Santa Rosa County, then you will need an attorney who will work hard to give you the best defense possible. Contact attorney John Terrezza.
Call (850) 764-5291 or go online for a free evaluation of the facts of your case.
