Child pornography crimes are some of the most controversial modern offenses currently dealt with in Florida Courts. On one hand, there is a legitimate and real desire to prosecute and punish those who manufacture, distribute, and use child pornography. The child pornography industry is directly responsible for the exploitation and harm of very young children. We must always remember that there are two sides of the spectrum. A very small percentage of those charged with child pornography offenses are charged with the actual manufacture of those materials. A vast majority of child pornography offenders are instead investigated fro and charged with the simple possession or transmission of illicit materials.
While such activities should in no way be legitimized, the punishment system for such offenders is the result of a serious overreaction by lawmakers. As the use of the Internet spread throughout the country and the prevalence of Internet based crimes grew, child pornography offenses quickly drew the eye of the government. When lawmakers saw how much child pornography was being transmitted digitally, they quickly instituted laws and punishment systems that resulted in extreme potential punishments for people who merely possessed or viewed child pornography, but had no hand in it’s production. In more recent times, this sentencing system has come under criticism by the legal community and has slowly begun to result in more reasonable sentencing for nonviolent offenders. Even still, these measures are discretionary and are applied unequally by different jurisdictions and different judges. If you have been charged with any type of child pornography offense, you should not hesitate to contact a skilled Sarasota child pornography defense attorney to protect your rights and liberty.
Elements of Transmission of Child PornographyBecause of the high profile nature of child pornography in general, our state’s lawmakers have instituted a myriad of criminal offenses related to the subject. One of the common offenses that people are charged with is the transmission of child pornography. Pursuant to Florida Statute 847.0137, transmission of child pornography is a third degree felony punishable by up to five years in prison. In order to prove a defendant guilty of the offense, the state must prove beyond a reasonable doubt that any person within the state of Florida who transmits child pornography to another person either inside or outside of the state commits the offense of transmission of child pornography. A unique feature of the crime of transmission of child pornography is the fact that a separate subsection prohibits the transmission of child pornography from a person outside the state of Florida to a person inside the state of Florida. This means that a person who has never even visited or set foot within Florida could be prosecuted for this offense. If you have been investigated for such a crime, you should not hesitate to contact a skilled Sarasota criminal defense lawyer to aid you.
In order to effectively defend child pornography cases, it is important that you retain a lawyer who fully understands the elements of the crime in a way that can create defenses on your case. Not all images or videos depicting nude children, or even those depicting sexually suggestive images will constitute as child pornography. The state must prove that the images depict a child actually engaged in sexual intercourse, lewd exhibition of genitals, or sexual contact intended to induce sexual gratification to a person depicted in the image. If the state is unable to prove that the transmitted images are actually child pornography, the charges must be dropped. Because crimes like these often happen over the internet, it can also be difficult for the state to effectively establish that the defendant knew or should have known the content of the images without other evidence.
Speak to Our Lawyers TodayYou should never discuss your case with anyone, especially law enforcement, prior to speaking with a skilled Sarasota Criminal defense lawyer. The attorneys at Hanlon Law have the skills and experience to secure the best results for your case. Contact us today at 941.462.1789.