Child Pornography - FAQs
Florida Child Pornography Defense Lawyer Answers FAQs
While most understand the concept of “possession” when it comes to things like drugs or firearms, when it comes to child pornography there is more confusion as to what constitutes possession to the extent that you can be charged with it. To that end, here are some frequently asked questions in this area that may be helpful:
- What does it mean to get charged with possession of child pornography on your computer?
- Use a child in a sexual performance if, knowing the character and content, the person employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance, or, being a parent or legal guardian, consents to the participation by the child in sexual performance. “Performance” is any play, motion picture, photograph, or dance or any other visual representation shown before an audience.
So this portion of the statute makes it a crime (a second degree felony – punishable by up to 15 years in prison) to get a child, whether it is one over whom the person may have some legal authority, or not, to perform on any medium any sexual conduct. The key here is the sexual nature... Read More
- May I be found guilty if I accidentally receive child pornography?
This is covered in Florida under Statute 827.071, which is entitled “Sexual Performance by a child; Penalties”. It makes it illegal for any person to do any of the following:
Since the crime of possessing child pornography has to be knowing, or the viewing has to be intentional, if you find an image or movie on your computer and don’t know what it contains, then open it to see what it contains and you find it contains child porn, that is not necessarily “knowing” possession, and you did not view it with the intention to view child porn, just with the intention to see what it is. One of the things law enforcement will look at is how often the item is viewed by someone using your computer, and also what the title of the picture/movie is, since these can indicate a person’s knowledge (if the title is a graphic description of the item which was then opened) or intent (if it is opened and viewed multiple times rather than once).