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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. Charges may be brought in state or federal court, and significant penalties can apply even to a first offense. In particular, it is unlawful to make pornographic photos or films involving minors under the age of 18, as well as knowingly possess or control, or intentionally view, prohibited material under the applicable statute. 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 Law affording you that protection.
Valiente Law 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 305.764.5460 For A FREE Consultation!
Florida law: child sexual abuse material
Florida statutes now use “child sexual abuse material” for material historically called “child pornography.” The charge depends on the conduct, the material, the defendant’s knowledge and the law in effect on the offense date. Accidental receipt or an image’s mere presence on a shared device does not automatically establish knowing possession or intentional viewing.
Section 827.071 addresses distinct offenses:
| Provision | Conduct and classification |
|---|---|
| 827.071(2)(a) | Use of a child in a sexual performance, with knowledge of its character and content: first-degree felony. For an adult offender, a fifteen-year mandatory minimum applies unless the statutory exception is established. |
| 827.071(2)(b) | Aggravated use of a child younger than twelve in a sexual performance: life felony. An adult offender faces a twenty-five-year mandatory minimum. |
| 827.071(3) | Producing, directing or promoting a sexual performance by a child with the required knowledge: second-degree felony. An adult offender faces a five-year mandatory minimum, subject to the statutory exception. |
| 827.071(4) | Possession with intent to promote: second-degree felony. |
| 827.071(5)(a) | Knowing solicitation, possession or control, or intentional viewing, of material known to include child sexual abuse material: second-degree felony under the amendment effective July 1, 2026. |
The ordinary maximum for a second-degree felony is fifteen years; a first-degree felony ordinarily carries up to thirty years. Life felonies, mandatory minimums, reclassification provisions, multiple counts and other enhancements require separate analysis. Subsection (7) provides a limited exception to certain mandatory minimums based on written judicial findings; it is not a general defense to the charge. Conduct occurring before an amendment must be evaluated under the applicable law.
Separate counts can arise from individual presentations and, under the current statute, individual children depicted in them. The statute also defines intentional viewing and requires more than a single image or presentation to establish that form of conduct. Digitally altered or generated material raises separate statutory questions, including section 827.072; not every digital-image allegation has identical elements.
Federal charges are separate
Federal production, receipt, distribution, transportation and possession charges have different elements and sentencing provisions. The jurisdictional requirements, exact federal statute, prior convictions and other facts must be reviewed. A fifteen-to-thirty-year production sentencing range must not be applied to every possession or distribution case. State and federal exposure should be evaluated separately.
Defenses to Child Pornography Charges
If you are facing child pornography charges, the team at Valiente Law 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. The knowledge requirements and any age-related defense must be evaluated under the exact charge; section 827.071’s use and promotion provisions require knowledge of the performance’s character and content.
What Valiente Law 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 Law in your corner.
Call our office today at 305.764.5460 or complete the online contact form to set up a free consultation.