Miami, FL Child Pornography Lawyer

Attorney for Charges of Possession or Distribution of CSAM in Miami, Florida

The sexual exploitation of children is an ongoing concern for law enforcement officials. When people create sexually explicit materials depicting minors, anyone who views, possesses, or distributes these materials could face serious criminal charges. Criminal cases involving child pornography or child sexual abuse materials (CSAM) are among the most serious matters handled in state and federal courts. People accused of these offenses may face severe penalties. An accusation alone can result in a person's immediate arrest, the seizure of their electronic devices, the loss of their employment, and intense public scrutiny.

Cases involving child pornography may involve multiple types of complex issues. Digital evidence, records of a person's online activities, and forensic analysis of computers, phones, and online accounts may play a role in a criminal prosecution. Because of the high stakes of these accusations, it is critical for anyone who has been accused of a child pornography offense to secure legal representation from an experienced attorney. At Stroleny Law: Criminal Defense Attorney, we can help protect a person's rights while working to defend against a conviction.

What Is Considered Child Sexual Abuse Material?

Child pornography may include images, videos, or other visual representations that depict minors engaging in sexual conduct. Under Florida law (Florida Statutes 827.01), a minor is defined as any person under the age of 18. The sexual conduct depicted may include actual or simulated sexual acts, nudity, or other sexually explicit behavior involving a child.

Materials that may be classified as CSAM include:

• Photographs or videos showing minors engaging in sexual activity
• Images depicting a child's genitals or other private parts
• Digitally altered images or computer-generated photos or videos, or other images that have been altered to depict identifiable minors in sexual situations

CSAM may consist of videos or images stored on computers, smartphones, external drives, or cloud storage. It may also include physical materials, such as photographs, videotapes, or films. Creation of child pornography is a serious offense, but a person could also be charged with a crime based on accusations of possessing, viewing, downloading, or sharing CSAM.

Situations Where a Person May Be Charged With a CSAM Offense

Charges involving child pornography may involve:

• Downloading files from peer-to-peer sharing networks
• Receiving images or videos through email, messaging apps, or social media
• Automatic or unintended downloads of illegal materials while browsing the internet
• Sharing files with others, with or without receiving payment
• Possessing images stored on devices or external drives

In some cases, people may face accusations that they have accessed, downloaded, or shared CSAM based on their online activities or files found during a search of their electronic devices. Undercover operations may be used to identify suspects and track their online behavior, or tips may be received from internet service providers or other parties.

Penalties for Child Pornography Offenses in Florida

The possession of child pornography is typically charged as a third-degree felony. Each image or video may be charged as a separate offense. CSAM that depicts more than one child may result in separate offenses being charged for each child depicted. The penalties for each third-degree felony offense may include a prison sentence of up to five years and a fine of up to $5,000.

Offenses involving the distribution or promotion of child pornography will be more serious. These offenses may involve publishing materials online, transmitting files to other people, selling CSAM to others, advertising child pornography, or manufacturing photographs, videotapes, or films. The promotion of child pornography or the possession of child pornography with the intent to distribute it is a second-degree felony offense. A conviction may lead to a sentence lasting for as long as 15 years in prison, as well as fines as high as $15,000.

The creation of child pornography is also known as use of a child in a sexual performance. This offense may involve photographing or filming children engaging in sexually explicit conduct. Parents may also face these charges if they allow their children to be involved in the creation of CSAM. These offenses are typically classified as second-degree felonies.

A conviction for an offense involving CSAM will typically require a person to register as a sex offender. This requirement may result in restrictions on where they can live and their employment, internet use, and contact with minors.

Federal Child Pornography Charges

CSAM offenses may be investigated by federal agencies, and these investigations could lead to charges for federal crimes. Cases may be handled in federal court if the allegations involve materials that were transmitted or downloaded over the internet or otherwise distributed in multiple states or countries. People who were allegedly involved in the production of child pornography may face federal charges that could lead to severe penalties.

In federal child pornography cases, strict sentencing guidelines may be used by judges, and the factors involved in a case can lead to longer sentences in federal prisons. In general, federal charges for possession of CSAM can lead to sentences lasting for up to 10 years. The distribution or receipt of CSAM could lead to a 20-year sentence. Production of CSAM can lead to a potential sentence lasting from 15 to 30 years.

Contact Our Miami Child Pornography Defense Attorney

If you have learned that you are under investigation for a child pornography offense, or if you have been arrested and charged with an offense involving child sexual abuse materials, it is critical to take immediate action. Stroleny Law: Criminal Defense Attorney can provide you with legal representation, addressing issues such as digital evidence, searches by law enforcement, and potential violations of your rights. Our lawyer will help you develop a defense strategy against these charges, working to ensure that you will be able to resolve your case while minimizing the effects on your life.

Contact our Miami, FL CSAM defense lawyer today to discuss your situation and learn about your options as you address these accusations. Call 305-615-1285 to arrange a free consultation today.