If you or a loved one have been arrested for a child pornography offense you may need a competent criminal trial attorney. Being accused of a child pornography crime can adversely affect your job, personal life, and standing in the community. If convicted of a child pornography charge you may be facing harsh penalties. It is important to hire an experienced attorney who can help you understand the charges and fight to obtain the best possible result.
What Is the Definition of Child Pornography?
Both state and federal laws define child pornography as any visual depiction of sexually explicit conduct involving a person under the age of 18. Both prohibit the knowing possession, distribution, production, publication, duplication, sale, or printing of child pornography in any form.
Is Child Pornography a State or Federal Offense?
Child pornography is both a state and a federal offense. If you are arrested and charged with child pornography by a state law enforcement agency, state child pornography laws apply. If you are arrested and charged by a federal law enforcement agency, federal child pornography laws apply.
Why Are Federal Child Pornography Offenses Different?
Federal laws apply to a child pornography case if the offense occurred in interstate or foreign commerce, which includes using the postal service and the internet to commit the crimes. The penalties for a federal child pornography conviction are much harsher than the penalties for state convictions. Both sets of laws result in lifetime registration as a sex offender but there are differences in potential prison time and fines.
What Are the Federal Penalties for Possession of Child Pornography?
Under Title 8 Section 2252, a conviction for possession of child pornography is a felony punishable by up to 20 years in federal prison and a $250,000 fine. A second conviction can result in up to 40 years in federal prison.
What Are the Federal Penalties for Distribution of Child Pornography?
Under Title 18 Section 2252, a conviction for distribution of child pornography is punishable by up to 40 years in federal prison and a $250,000 fine.
What Are the Federal Penalties for Production of Child Pornography?
Under Title 18 Section 2251, a conviction for enticing a minor to produce child pornography is punishable by up to 30 years in federal prison and a $250,000 fine.
What Are the State of Florida Penalties for Child Pornography?
Under Florida Statutes, Section 827.071(5), it is a criminal offense to knowingly possess, or intentionally view a photograph that depicts any type of sexual conduct by a child. Each photograph constitutes a separate charge. Under Florida Statute, Section 847.0137, it is a criminal offense to transmit child pornography to another person.
Possession of child pornography is a third-degree felony. A conviction of one count of possession of child pornography is punishable by up to five years in prison, and a fine of $5,000 for each count. Transmission of child pornography is also a third-degree felony, with the same penalties as a conviction for possession of child pornography. A conviction of possessing child pornography with the intent to promote, which includes selling, manufacturing, giving and distributing, or creating child pornography, is a second-degree felony punishable by up to 15 years in prison for each count.
Should I Contact a Criminal Defense Attorney?
If you or a loved one have been arrested for a state or federal child pornography offense it is critical that you get help from an experienced criminal defense attorney. The laws and the process are complex and require someone with experience and knowledge concerning this very serious charge. You will need the assistance of an experienced criminal defense attorney to explain your options and find a favorable solution to your problem.
Why Fernandez & Hernandez?
The attorneys at Fernandez and Hernandez have experience with child pornography cases and will work vigorously to resolve your situation. The attorneys at Fernandez & Hernandez have the experience necessary to deal with and resolve the complex issues associated with child pornography cases. The attorneys at Fernandez & Hernandez are bilingual and will provide a free and confidential consultation so that you can discuss your situation. Fernandez & Hernandez can help you understand all of your options.
If you or a loved one have been arrested for child pornography and needs help, Fernandez & Hernandez will guide you through the process. Fernandez & Hernandez can assist you in getting the best possible outcome. Child pornography cases are complex. Fernandez & Hernandez may be able to help you find a solution.
Attorney Daniel J. Fernandez has experience with child pornography cases and will work diligently to get your situation resolved favorably. If you or a loved one have been accused of child pornography and needs assistance call, Attorney Daniel J. Fernandez of Fernandez & Hernandez, at (813) 229-5353.