Manufacture of Child Pornography

There are some criminal offenses that just about anyone can get behind the idea of getting rid of. A majority of the residents of Florida support the legalization of cannabis. Almost no one outside of the government thinks that we should imprison people for driving with a suspended license as a result of unpaid financial obligations. Some criminal offenses are just relics of an older time and some are in place solely to generate revenue from the state. On the other hand, some criminal offenses exist to legitimately punish the commission of serious criminal offenses that cause actual harm to other people.

Child pornography offenses can sometimes fall within both of those categories. On one hand, child pornography offenses are obviously morally wrong crimes that should be prohibited and punished. The vast majority of child pornography offenses however, do not involve the production or creation of the images or direct harm to children. On the other hand, rarer child pornography offenses are much more nefarious and morally reprehensible. Manufacture of child pornography which directly and severely harms the children involved is rightfully a much more serious offense. And offenses like transmission of child pornography probably fall somewhere in the middle. Among the more serious offenses are charges involving the manufacture of child pornography. If you have been charged with any child pornography offense you should not hesitate to retain a skilled Sarasota criminal defense lawyer to build your case.

Several criminal statutes exist prohibiting the manufacture of child pornography and the promotion of child sexual performances. Pursuant to Florida Statute 827.071 subsection 2, it is illegal for a person to employ, authorize, or induce a child under the age of 18 to engage in a sexual performance. A sexual performance is defined as any performance including real or simulated sexual conduct such as masturbation, intercourse, lewd exhibition, and contact with a person’s genitals. Additionally, a child’s parent or legal guardian can be charged under this offense if that person consents to the participation of the child in such a performance. This type of offense is a second degree felony punishable by up to fifteen years of imprisonment. This type of criminal offense punishes those who simply facilitate the production of child pornography. Parents who allow their children to participate, along with recruiters who find children to use in the production of child pornography materials are punished under this law. Anyone charged with such an offense should contact a dedicated Sarasota child pornography defense lawyer immediately to learn what defenses they might have.

Child pornography laws also punish those who directly participate in the production of child pornography materials. A person who directs or promotes child pornography is also guilty of a second degree felony and faces up to fifteen years for each offense. Promotion of child pornography is defineds as the manufacture, sale, delivery, distribution, exhibition, or advertisement of child pornography materials. The statute gives prosecutors some additional ammunition to help them prove such charges against defendants. When a person is found to be in possession of three or more copies of the same work of child pornography, he or she is presumed to be in possession with intent to distribute child pornography, and faces similar charges.

The manufacture and distribution of child pornography materials is not an offense that is taken lightly by prosecutors and courts. Most of the participants in the criminal justice system will do what they can in order to lock up violators of these laws. A committed and dedicated Sarasota criminal defense lawyer will not care about your guilt or innocence, but instead will fight to protect your rights against infringement by the authorities.

The attorneys at Hanlon Law have the skills and experience necessary to build the best defense for your case. Contact us for a consultation today at 941.462.1789.