Pornography, or porn for short, is any material showing sexual behavior or nudity to stimulate the viewer sexually. However, a media containing nudity or sexual behavior does not make it pornographic if the media’s purpose is not sexual stimulation. Just like New Jersey, Ohio, and Pennsylvania, Florida too aggressively prosecutes and punishes child pornography offenders. In this article by the Congdon-Law, we’ll talk about the child pornography laws in Florida in detail.
Child Pornography Laws in Florida: Overview
The legality of porn is not the same in every country. In the United States, the laws may differ between regions. While the U.S. enables people to access and purchase pornographic material legally, the country has strict laws on child pornography across the nation. Likewise, the child pornography laws in Florida are very strict for the protection of minors.
Whether a person possesses or distributes pornographic material, she/he can face significant penalties, such as long-time imprisonment and getting the name on the list of sex offenders. Either way, it can damage one’s personal or professional life.
What Is Child Pornography?
Florida statute chapter 847, titled XLVI, states child pornography is any image showing a child under the legal age involved in sexually explicit behavior. Given this description, Florida statute, section 827.071 subsection (5) part (a) states that knowingly controlling, possessing, or observing any child pornography type is unlawful. Any person charged with this crime will face a 3rd-degree felony.
Based on the definition, a few examples of the child pornography image consisting of a minor under the age of 18 include:
- Shows
- Photographs
- Presentations
- Representations
- Motion pictures
- Exhibitions
- Computer depictions or data files
- Streaming or download video
Child Pornography Laws in Florida: What are the Penalties?
As per Chapter 827, section 017, a person is punishable if he/she:
- Authorizes, employs, or utilizes a child below 18 years to participate or get involved in sexual activities.
- Has material with child pornography to give, promote, publish, transfer, or distribute the image.
Here are the laws handling the charges for child pornography and the penalties in Florida:
- 847.0135: This section is the “Computer Pornography and Chile Exploitation Prevention Act,” which defines and determines the prohibited use of computers.
- 847.0138: This section explains the illegal transfer of details, images, or data that shows sexual behavior towards a child under the age of 18.
- 827.071 (5) (a): It comprises the description of various sexual acts conducted by a child and the related penalties.
To prove someone is guilty of distributing or possessing child pornography, the attorney must prove beyond the shadow of a doubt that the accused created, sold, or had such images.
Child Pornography Laws in Florida: What are the Punishments?
Child pornography laws in Florida have different penalties for different offenses. The comprehensive punishment for various crimes includes fines, sex offender registration, imprisonment, and probation.
Moreover, if a guardian or parent convinces, authorizes, or employs a child below 18 years to get involved in a sexual activity, the defendant can face a 2nd-degree felony charge.
An individual possessing child pornography will face a 3rd-degree felony charge. If established as a felon, the accused may get a sentence of around five years with a maximum fine of $5000 for every unlawful material in possession or a minor shown in the pornographic image, data, or video.
Hence, if the authorities catch you with a single image that consists of two underaged children or two pornographic images, you may face ten years in jail with a fine of $10000.
Conversely, it will fall under a 2nd-degree felony if the defendant has child pornography for distribution, promotion, or creation. This crime can result in the individual spending as far as 15 years in jail and paying a fine of $10000.
What is the Limitation Period for Child Pornography Charges?
Crimes against minors, like offenses of child pornography or traveling to encounter an underaged juvenile, have a limitation period of 3 years. As a result, the statute of limitations sets a 3-year for the disputed parties to initiate legal actions.
Child Pornography Laws in Florida: Potential Defenses
The defendants require a powerful defense to prove their innocence, as the cases involving child pornography are extremely sensitive. The prosecutor on the defendant’s side may use some strategies. A few known defenses include:
- Absence of proof: Proving the defendant was knowingly engaging with the material if they possess a single video or image is insufficient. In such cases, the attorney can prove you had no purpose in keeping or viewing such material.
- The accused is not the owner of the material: Sometimes, the accused may discover pornographic material involving a minor on their spam mail or devices. The prosecutor can look for evidence that the defendant did not know about the material and only just discovered it.
- Absence of demonstration of intention: Some lawyers can prove that the accused did not view or possess such material on purpose and encountered it unintentionally.
While these are general defenses for child pornography offenses in Florida, the prosecutor can seek other avenues that help the case.
What are the Federal Charges for Child Pornography in Florida?
It is illegal to distribute or possess child pornography as per the federal law. In addition to the federal law, these crimes may be actionable under the state laws. Like every other federal offense, these crimes can lead to aggressive penalties if the punishment is per federal law.
Beginner wrongdoers charged for the transportation or distribution of child pornography can get a sentence ranging from at least five years to a maximum of 20 years in jail. If the offenders possess such content, they may face a 10-year sentence for the first offense. These penalties increase for repetitive sex offenders.
Conclusion
Florida has strict laws against crimes of child pornography. These charges have severe repercussions like probation, fines, registration as a sex offender, and imprisonment. As a result, offenders can face lasting implications that can adversely affect their personal and professional lives. Those facing these charges should acquire the guidance of an experienced legal professional.
