Transmission of Child Pornography Charges

The advent of the Internet has ushered in a new age of human interaction. A generation ago, the thought of instantaneous exchange of information, video calling, video streaming, and the myriad of other applications made possible by the internet were left to the imaginations of science fiction authors. The Internet, starting out as a slow, burdensome technological innovation, has rapidly progressed into an indispensable and convenient means of communication and information exchange. However, just as the internet has done so much good, the rapid spread of the internet has also aided the spread of Internet based criminal offenses.

Internet crime can run the gamut of potential offenses. Where thieves used to have to physically steal money from victims, the Internet allows them to wirelessly access bank account or other financial information in order to discreetly access their funds. Identity thieves can scour their victims’ social media pages in order to collect information for nefarious use. As applications for welfare and public assistance move from in person and paper to online forms, crimes involving public assistance fraud have become more prevalent. If you or a loved one have been investigated for any internet-based crime, you should not hesitate to contact a dedicated Sarasota criminal defense lawyer to build your defense.

One of the classes crimes that has increased exponentially along with the Internet is crimes relating to child pornography. Obtaining child pornography materials before the advent of the internet was a much more dangerous-seeming prospect. One would have to exchange physical discs, tapes, or photographs either in person or in the mail. Offenders would need to make face to face transactions forcing their criminality out into the open. Conversely, child pornography materials can be easily and seemingly anonymously obtained, transferred and exchanged through the use of the Internet, making the offense much more attractive and unfortunately much more common.

The reality for those charged with internet-based child pornography offenses is that the exchange of such materials are rarely really anonymous. Strict state and federal laws force internet service providers to tag and track any users viewing or transmitting child pornography and to forward such information to law enforcement. Typically, search warrants will then be drafted allowing officers to seize the offender’s electronic devices in order to collect further evidence of the crime. If you’ve had a search warrant served on you or have otherwise been charged with a child pornography offense, you should retain a skilled Sarasota criminal lawyer immediately.

One child pornography offense that is treated especially harmful is the transmission of child pornography to a minor prohibited under Florida Statute section 847.0138. Under the statute, anyone who communicates with a person that they know to be a minor, and transmits an image, video, or other information containing child pornography materials can be found guilty of this offense. For the purposes of this law, a person can be charged if they reside in Florida and send the materials to someone who lives out of the state. They can also be charged if they live elsewhere and transmit the pornographic materials to a minor who is within the borders of the state.

Transmission of child pornography to a minor is a third degree felony. A third degree felony is punishable by up to five years in prison. Unlike many other third degree felonies, even a first time conviction for a child pornography offense can land you behind bars with a significant sentence. If you want the best chances of avoiding jail time and a lifetime of sex offender registration, contact a dedicated Sarasota criminal lawyer to assess your case.

The lawyers at Hanlon Law have years of experience defending sex-based cases and achieving excellent results for our clients. For a consultation with us, don’t hesitate to call 941.462.1789.