Possession of Child Pornography
In Florida, the crime of Possession of Child Pornography is defined as knowingly possessing, controlling, or viewing child pornography.
Child pornography includes photographs, motion pictures, exhibitions, shows, representations, images, data files, computer depictions, or other presentations that includes any sexual conduct by a child.
Multiple images = multiple counts
Finally, Florida treats each image of child pornography as a separate crime. Consequently, each image of child pornography can be prosecuted as a separate count. When you consider that most defendants arrested for possession of child pornography have multiple CDs, DVDs, and thumb drives, the consequences may be grave.
Possible Penalties
In Florida, the crime of Possession of Child Pornography is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
However, a person charged with four or more counts of Possession of Child Pornography would score a mandatory prison sentence under Florida's Criminal Punishment Code and, absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of four or more counts of Possession of Child Pornography to prison.
Sex Offender Designation
A person convicted of Possession of Child Pornography would not only be placed on sex offender probation, but would also be designated a sexual offender. A designated sex offender is required to comply with sexual offender registration laws in Florida and throughout the United States for the remainder of their lives.
Some defenses to Possession of Child Pornography
But what if the paid actors in a purported child pornography movie were type-cast precisely because they looked like minors? If the images are of adults, then there is no crime. Second, remember that the crime of Possession of Child Pornography requires the intentional viewing and knowing possession of such materials. Mere "transitory possession," or cases where someone is sent an illegal image and immediately deletes it, is a viable defense to Possession of Child Pornography.
This is why it's critically important to hire an experienced criminal defense attorney to develop an effective defense strategies and hold the State Attorney's Office to their burden of proving the crime of Possession of Child Pornography beyond and to the exclusion of any reasonable doubt.
There is hope
If you or a loved one is arrested and charged with Possession of Child Pornography, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed. Your meeting with me will be strictly confidential and subject to the attorney-client privilege.
I want to hear your side of the story.
Rick Hermida
State and Federal Criminal Defense Attorney
55 Merrick Way ~ Suite 212
Coral Gables, Florida 33134
305-461-1116 (Office)
305-461-1066 (24 Hours)
We are solely a Criminal Defense Law Firm. That's all we do and all we have done since 1987.