Miami Federal Child Pornography Lawyer

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Miami Federal Child Pornography Attorney

Technology has created many added benefits for keeping people socially engaged and productive in their work. However, it has also created many opportunities for those who wish to participate in illegal activities to do so. With the advent of the computer/internet, the amount of available websites and online chat rooms has created a new and very dangerous area of the law: federal child pornography charges. This is especially dangerous because of the ease of access and the length of potential punishment.

This crime includes the possessing, transmitting, and creating of pornography with minors. Critical to the defense of this crime is in-depth computer forensics. This firm has teamed up with experienced professionals to refute these charges. While those who participate in such behaviors should be prosecuted and held accountable for their actions, not every instance is intentional or sought.

Attorney Michael J. Rosen, P.A., and his team understand the complexities and dangers of child pornography charges. Convictions for such crimes could mean long prison terms, heavy fines, and registration on the Sex Offender Registry, but could also have drastic implications on future employment, housing, and individual reputation. Because of these serious consequences, our team fights aggressively for our clients against both state and federal charges they may face. Everyone has the right to a defense against criminal charges in Miami, FL, and we thoroughly review the evidence against our clients, knowing that each case is not as it always appears.

Defining Child Pornography

Child pornography is defined in the Florida Statutes under section 847.001. This statute defines child pornography as “any image depicting a minor engaged in sexual conduct.” When a person views, possesses, distributes, or otherwise promotes child pornography, including participating in the production of it, they are committing an illegal act. While computers and cell phones have created avenues for this to happen, the crime can occur when it involves print, film, or any other recorded material.

Child Pornography Penalties

Because of the severity of crimes against children, Florida prosecutes those accused very aggressively, seeking the maximum penalty allowable. All child pornography charges will carry the potential for time in prison, extensive fines, and more. The specific type of charge, however, will have an impact on what that looks like. Potential penalties include:

• Possession of child pornography. This is a 3rd-degree felony. If convicted, you could face up to five years in prison, five years of probation, and up to $5,000 in fines per count.
• Promotion of child pornography. This is a 2nd-degree felony. If convicted, you could face up to fifteen years in prison, fifteen years of probation, and up to $10,000 in fines per count, including any count of intent to promote.
• Creation of child pornography. This is a 2nd-degree felony. If convicted, you would face up to fifteen years in prison, fifteen years of probation, and up to $10,000 in fines per count.

Defense Against Child Pornography Charges

Defending accusations of child pornography may seem difficult, but our team understands that an accusation is not a determination of guilt and that the facts of the case may be different than they appear. Common defenses against child pornography charges include:

• Entrapment. This is used in rare cases, but you may have felt entrapped by law enforcement to commit a child pornography crime and never had any intention to do so.
• Lack of knowledge. This occurs when a defendant did not have knowledge that they were in possession of such material. A common example of such a defense is allowing another person to borrow the defendant’s personal computer who committed the illegal activity. When the defendant received their computer back, they were unaware the crime had occurred or that the material existed.
• False accusation. There may be a situation in which an accuser falsely reported the crime to law enforcement or embellished the details of the case in order to accuse the defendant.
• Lack of possession. Similar to lack of knowledge, if there was no possession or there was no intent to possess, then this defense could be used. Such cases may include proving there was a computer virus or you were subject to a scam.

No matter which defense is used in your case, our team uses our forensic resources as well as independent investigations to thoroughly review your case. Our defense strategy always begins with our clients and the view of the events from their perspective.

Child Pornography Lawyer FAQs

Q: What Is the Sentence for Child Pornography?

A: The sentence for child pornography is dependent upon the type of charges you face; including but not limited to the number of pictures and/or videos involved in the allegations, the nature of the content, including the age of the alleged victim(s), whether the charge is possession, distribution, promotion — all of which affect the amount of incarceration and fines. Depending on the facts, you could, in addition, face sex offender registry, as well as implications on future employment, housing, educational opportunities, and personal reputation.

Q: Is Viewing the Same as Possessing?

A: Viewing and possessing are the same in the eyes of the law.  Legally,  you are in possession at the time you are viewing child pornography, whether or not you download the content.

Q: Is It Illegal to Draw CP?

A: Under federal laws, any depiction, drawing, cartoon, or other visual representation that gives the appearance of a child engaging in sexual activity is considered illegal for its obscenity. You could face charges of possession, marketing, or manufacturing child pornography. The image must be considered sexually suggestive.

Q: What Is the Anti-Child Pornography Act?

A: The Anti-Child Pornography Act of 2009 is a federal statute that prohibits any production, distribution, reception, or possession of child pornography. It additionally covers those who use international means or foreign commercialization of such activities. Under this act, you could be federally prosecuted if you violate the specifics of this statute.

Miami Child Pornography Criminal Defense

The thought of facing charges related to child pornography is enough for most individuals to avoid such activities. Unfortunately, no matter what steps are taken, there are circumstances in which an individual could be wrongfully accused, or the facts could not be as they seem. Attorney Michael J. Rosen, P.A., and his criminal defense team know the severity of these charges and work aggressively to defend their clients from conviction. We examine all facets of the case to not only build a strong defense but to mitigate any potential penalties you may receive. For an evaluation of your case, contact Michael J. Rosen, P.A. today and let our team put our decades of experience to work for you.

“Ultimately, trial preparation and defense is what we do.” – Michael J. Rosen.
We invite you to call the firm to set up an appointment. (305) 446-6116.