West Palm Beach Child Pornography Lawyer
Child pornography is of growing concern to the general public, as thousands of minors are abused and taken advantage of every single day in the United States and right here in Florida. Unfortunately, many individuals get wrapped up in child pornography offenses without knowing they were violating the law, or even aware they were viewing, or had in their possession, child pornography. Whether you were charged with possession of child pornography, creating child pornographic material, soliciting a child for pornography, or any other criminal offense related to child pornography, you need to contact an experienced West Palm Beach child pornography lawyer. There are few criminal offenses more off putting to a jury than child pornography. If you have been charged at the Florida or federal level, it is critical that you seek experienced legal help for your defense.
I have more than 38 years of experience in the criminal justice system. Having worked for five years as a state prosecutor, I handled child pornography prosecutions among many other sex crime cases. I now use my knowledge to develop strong defense strategies on behalf of my clients. A Florida child pornography charge is serious, encompassing any images depicting a child under the age of 18 engaged in sexual conduct. This crime is commonly filed against family members, family friends or those with authority over a child, such as clergymen or educators. Accordingly, the potential penalties may not only be legal, but can also affect your personal relationships.
Definition of Child Pornography
According to the U.S. Department of Justice, child pornography is any visual depiction of sexually explicit conduct involving a person under the age of 18. It is a federal crime to produce, distribute, import, receive, or possess any image of child pornography. It is also possible for an individual to be prosecuted under state law instead of federal law, or in addition to any federal charges. Regardless, child pornography convictions are serious and can follow you around for the rest of your life, even after a lengthy jail or prison sentence has already been served. Family, friends, employers, future potential employers, and society at large lumps child pornography offenders into one category, regardless of the specific charges. As such, it is vital to do everything that you possibly can to have the charges set against you either dropped entirely or drastically reduced. Only an experienced West Palm Beach child pornography defense attorney can help you accomplish this.
Defenses to Child Pornography Charges in Florida
It can be very intimidating to be investigated or charged with child pornography. Law enforcement officers may come to your door either with a search warrant or to get you to answer their questions. Your first instinct may be to try to explain what’s happening so that the police leave you alone. However, any admissions you make can be used against you. To get the strongest possible defense, it is important not to answer questions and to retain a defense attorney as soon as you know you are being investigated.
One common defense in child pornography trials resulting from a sting operation is entrapment. “Entrapment” applies when you are able to argue that law enforcement got you to do something you otherwise would not have done. For example, some law enforcement officers work undercover, misrepresenting themselves in chat rooms or on social media as underage boys and girls. In order to be successful with this type of defense, your attorney will have to show you acted as you did because of the entrapment.
Another possible defense may be raised if more than one person had access to a computer used to view or possess child pornography. It can be difficult for the government to prove who was actually at the computer committing the acts related to child pornography.
Penalties for a Child Pornography Conviction
The state of Florida metes out harsh punishments to anyone who distributes, manufactures, transmits, or has possession of child pornography. All people convicted of child pornography or related sex crimes charge like child molestation or statutory rape must also register in the Florida Sex Offender Database.
Third degree felony charges may result from viewing, controlling, or possessing child pornography. Incarceration for up to five years and fines not to exceed $5,000 may be imposed. An individual charged with producing or promoting child pornography may be sentenced up to 15 years in prison and fined up to $10,000. Repeat offenders face more severe punishments.
Three Examples of The Consequences of a Child Pornography Conviction
According to the United States Sentencing Commission, 76.5 percent of child pornography offenders had little or no criminal record. Even without a prior record, a child pornography conviction can come with statutory minimums depending on the offense.
- Possession of Child Pornography—There is zero mandatory minimum with the first offense, but a 10-year mandatory minimum for someone with a prior sex offense conviction.
- First Time Producer of Child Pornography—Statutory minimum of 15 years, and up to 30 years, in prison, as per 18 U.S.C. § 2251.
- First Time Offender for Interstate Transport of Child Pornography—Statutory minimum of five years, and a maximum of 20, in prison
Contact a West Palm Beach Child Pornography Defense Attorney Today
If you have been charged with any offense involving child pornography, from possession to trafficking, it is critical you seek legal counsel from a West Palm Beach attorney who understands how to handle the intricacies of your case. Being convicted and labeled as a sex offender can mean prison time, but it will also follow you into the world after. It could impact your employment or even where you are able to live. Defense attorney William Wallshein can help protect your rights and advise you on the best path forward to take. Call 561-533-1221 to schedule a free consultation today.
