Experienced Defense Against Possession Of Child Pornography Charges In Orlando and Central Florida
The Internet can be a dangerous place in which an unwitting, honest person can quickly get into trouble without intending to do so. A child pornography violation conviction can lead to dire consequences, which often includes prison time and always includes being registered as a sex offender, a life changing negative consequence. Do not take these charges lightly! Attorney David Hill has the knowledge, experience, and expertise, to handle your case. Child pornography has become a hot topic for the judicial system in recent years. Some cases involve knowing possession of these materials, in which the individuals charged can help themselves by obtaining psychological or medical help to present themselves as individuals deserving of a break who just need counseling and assistance moving forward. Penalties can be negotiated down in situations where the backgrounds of the accused are presented sympathetically, and a plan to make sure there is no repeat behavior is put into place. However, there are other people who inadvertently have come into contact with child pornography, whether by opening an email or link from an unknown source, or by setting up automated downloading programs that download materials when the computer owner is not present. Sometimes others use a person’s computer and that is how the illicit images or videos get downloaded.
The courts do not take Child pornography charges lightly and you should not take them lightly either. A conviction will most certainly land you on the sex offender's list, and as previously stated possibly in prison. Just because one is charged with a crime does not mean that one is guilty of that crime. At our Orlando law firm we truly believe this fact and we feel that every person deserves to be able to tell his or her interpretation of the facts that lead to the charge of the crime. Regardless of the crime: you deserve to be heard in a court of law. We want you to be heard. Contact the experienced Orlando child pornography defense attorney at the Law Offices of David P. Hill today for a free initial consultation.
What Is Child Pornography Under Florida Law?
Florida law defines the offense of computer pornography in the following way:
A person who:
- Knowingly compiles, enters into, or transmits by use of computer;
- Makes prints, publishes, or reproduces by other computerized means;
- Knowingly causes or allows to be entered into or transmitted by use of computer; or
- Buys, sells, receives, exchanges, or disseminates,
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, commits a third-degree felony.
Note that the fact that an undercover law enforcement agent may have been involved in the investigation or detection of these types of offenses is not a defense to prosecution. An entrapment defense can be raised in most criminal charges; it is not impossible in this offense but would be difficult.
Penalties for the Offense of Child Pornography Under Florida Law
As stated above, it is a third degree felony, for any violation of the computer pornography statute involving any depiction of a minor as described above. A third degree felony carries a maximum penalty of five years in the Florida Department, and up to a $5,000.00 fine, and up to five years of supervised probation. In the case of this charge the probation would be sex offender probation, which carries its own very strict requirements. Most of these cases involve individuals allegedly possessing multiple images or videos that violate the statute, so a person could easily find themselves charged with 5, 10, 20 plus third degree felonies. Depending on the amount of counts, under the Florida Sentencing Guidelines an individual could easily score significant prison time. Any conviction for a child pornography offense would result in being placed on a State and national sex offender registry.
Possible Defenses for the Offense of Child Pornography
A key aspect to these charges is that the acts must be made knowingly, so if a scenario can be established that explains how prohibited images or videos ended up on an individual’s computer without the knowledge of the accused or through an inadvertent action of the accused, that may be key to successfully beating such a charge. Attorney David Hill will almost always engage a computer forensics expert who will have an opportunity to examine the hard drive of the computer in question to see if there are any innocent explanations as to how an image or video ended up on a computer. Attorney David Hill accompanies his expert when the forensic exam is performed so that he is present for any discovery of potential defenses along these lines. As mentioned above, if the computer in question can be accessed by other individuals, the State has to prove beyond a reasonable doubt that the individual charged is the one that knowingly placed the image/video on the computer.
Every case is different, and Attorney David Hill prides himself on individualizing a defense to the specific facts of a case; he will take the time to understand all the special facts about a case so can most effectively handle it.
Contact Our Experienced Orlando Child Pornography Defense Lawyer
If you have been charged with a child pornography crime in Orlando or anywhere in Central Florida, you urgently need to call a highly skilled criminal defense attorney who has the knowledge and experience to handle these usually complex cases. We handle thousands of criminal cases including child pornography violation cases. Contact us today for a free consultation and to understand the options available to you. You may call us at 407-648-0006 or fill out our online form located at the top of the page and we will contact you shortly. We respect your privacy and will keep all your information confidential.