5 Things To Know About Child Pornography Charges
Child pornography offenses are taken extremely seriously in Florida, and an arrest and conviction can have life-altering consequences. Whether you are under investigation, or you have already been arrested and charged, it is critical to seek advice from an experienced West Palm Beach criminal defense attorney. Our firm can evaluate the case against you and can begin developing a defense strategy that is tailored to the specific circumstances surrounding your arrest. In the meantime, the following are five things you should know about child pornography charges in Florida.
- You Can Face Child Pornography Charges Under State or Federal Law
Child pornography charges, including possession and distribution of child pornography, can be charged under both state law and federal law. Whether you are charged under state law or federal law will depend upon particular facts of the case, including the investigating agency and whether computers or other electronic devices were used to download, possess, or distribute child pornography. Any use of a computer and the internet, or another electronic device, means that you have engaged in interstate commerce, often allowing for federal prosecution.
- Child Pornography Charges Can Be Brought Against You Under Both State and Federal Law
In some cases, a person can face child pornography charges under both state and federal law for the same act. This is not a violation of double jeopardy, and you may need to prepare your defense strategy accordingly.
- You Can Face Child Pornography Charges Without Ever Engaging in Face-to-Face Contact with Another Person
Most people are charged with the possession or distribution of child pornography without ever coming into face-to-face contact with anyone and, in many cases, without leaving their own homes. To be clear, downloading a file containing child pornography off the internet or from an email, or sending an email with an attachment to another party, can result in child pornography charges.
- Consequences for a Child Pornography Conviction Are Severe
In addition to prison time, child pornography convictions also require sex offender registration. When a person must register on the sex offender registry, they are restricted from living in certain places, working in certain jobs, and numerous other restrictions. As such, not only are the sentences severe for child pornography possession or distribution, but the consequences continue once you have served out a sentence.
- Defense Strategies May Be Applicable to Your Case
Multiple different defense strategies may be relevant to your case. It will be important to tailor your defense to the specific facts of your case, but there are many common defense strategies for possession or distribution of child pornography. For example, you may be able to prove that you did not intend to possess the material, and that you unknowingly downloaded it through an email or website. You also may be able to prove, for example, that your Fourth Amendment rights were violated when your computer or other device was searched and that the results of the unlawful search cannot be used against you.
Contact Our West Palm Beach Child Pornography Defense Attorneys
If you are facing child pornography charges under Florida state or federal law, it is critical to begin working with an experienced West Palm Beach child pornography defense attorney as soon as possible. Not only can a conviction result in extensive prison time, but it will also result in required registration on the sex offender registry and many other repercussions. Our firm can assist you with your defense. Contact William Wallshein, P.A. for more information.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0847/Sections/0847.0137.html
