Miami Child Pornography Defense Attorney

Representing Clients Facing Child Pornography Charges Throughout Miami-Dade County

In Florida, the sexual exploitation of children through visual materials depicting sexual conduct, or child pornography, is a violation of state and federal laws. Typically, possession of child pornography is charged in federal court where lengthy prison sentences can apply even for first-time offenders. In particular, it is unlawful to make pornographic photos or films involving minors under the age of 18, as well as to possess, control or even view child pornography. A conviction can result in a lengthy prison sentence, fines and mandatory registration as a sex offender. If you have been charged with this type of offense, especially in federal court, you want the absolute best representation protecting you from the power of the United States government. It is in your best interest to have the criminal defense attorneys from Valiente, Carollo and McElligott PLLC affording you that protection.

Valiente, Carollo and McElligott PLLC has extensive experience handling child pornography cases in Miami, Fort Lauderdale, and West Palm Beach. We believe that anyone who has been accused of a crime has the right to aggressive legal representation and will work diligently to refute the charges against you.

Call Us At 786-361-6887 For A FREE Consultation! 

Florida Child Pornography Laws

Florida child pornography laws prohibit the following activities:

• Use of a child in a sexual performance — Employing, authorizing, or inducing a minor to engage in a sexual performance, or the consent of a parent or guardian to a child’s participation in a sexual performance.
• Promoting a sexual performance by a child — Producing, directing or promoting any performance involving sexual conduct by a minor.
• Possession with intent to promote — Possessing any photograph, motion picture/video, exhibition or representation of a sexual performance of a child with the intent to promote.
• Possession with intent to view — Possessing, controlling, intentionally viewing or intending to view any photograph, motion picture, exhibition or representation of a sexual performance of a minor.

Under Florida’s child pornography laws, unlawful acts include:

• Downloading or uploading images
• Exchanging images online
• Possessing images on a computer or mobile device
• Sending image files via email or text messaging (e.g. “sexting”)
• Inducing a minor to participate in producing child pornography

It is worth noting that digitally generated images that are not distinguishable from a child, so-called “virtual child pornography,” are also prohibited. In addition, prohibited sexual conduct includes sexual intercourse, simulated sexual intercourse, lewd exhibition of the genitals, masturbation, sexual battery or physical contact with the genitals, clothed or unclothed, intended for the gratification or arousal of the person producing, distributing or viewing the images.

Finally, child pornography is also a federal offense when it involves illegal activity across state lines, whether via the internet or mail. In particular, federal law prohibits the production, distribution, possession or receipt of child pornography and charges can be brought under federal or state law, or both. As such, federal and state prosecutors often join forces in investigating and prosecuting these crimes. In any event, a conviction for a federal offense can lead to fines and a prison sentence of 15 to 30 years depending on number of images or videos.

Florida Child Pornography Penalties

Depending on the nature of the offense, child pornography can be charged as a first, second or third-degree felony under Florida sex crime laws:

• Selling or Transferring Custody of Minor for Purpose of Promoting or Producing Child Pornography — First-degree felony, punishable by up to 30 years in prison, a fine of up to $10,000, or both.
• Possession with Intent to Promote Child Pornography — Second-degree felony, punishable by up to 15 years in prison, a fine of up to $10,000, or both.
• Possessing, Distributing, Transmitting, Manufacturing Child Pornography — Third-degree felony, punishable by up to 5 years in prison, a fine of up to $5,000, or both.

For offenses involving viewing, controlling, or possessing child pornography, separate felony charges can be brought for each image; enhanced sentencing applies for defendants who have prior felony convictions.

Defenses to Child Pornography Charges

If you are facing child pornography charges, the team at Valiente, Carollo and McElligott PLLC will work to build the best line of defense. Because these offenses often involve computers, laptops, and mobile devices that may be shared by numerous people, it may be possible to prove that you were not responsible for downloading, uploading, or otherwise possessing or transmitting images of children engaged in sexual performances.

In addition, these cases also typically involve undercover investigations by state and/or federal authorities, in which case entrapment may be a valid defense, provided that we can show you had no predisposition to engage in a crime involving child pornography. On the other hand, claiming that you did not know a child was involved is not a defense to promoting child pornography.

What Valiente, Carollo and McElligott PLLC Will Do For You

Given the fact that the state and federal governments vigorously prosecutes cases involving the sexual exploitation of children, it is crucial to have powerful legal representation if you have been charged with a child pornography crime. Our dedicated team will take the time to conduct a thorough investigation and assess the strength of the evidence against you. We will work to refute the charges and achieve the best possible outcome. Ultimately, child pornography charges are a serious matter, which is why you need the seasoned criminal defense attorneys at Valiente, Carollo and McElligott PLLC in your corner.

Call our office today at 786-361-6887 or complete the online contact form to set up a free consultation.