West Palm Beach Child Pornography Attorney David W. Olson
If you were charged with a child pornography offense, it is crucial to hire an experienced and effective child pornography criminal defense attorney at the earliest possible time. Florida and federal child pornography laws are extremely serious; a conviction can potentially result in lengthy prison sentences, permanent sex offender or sexual predator status and mandatory lifetime registration requirements, expensive fines, difficulties obtaining employment and complications finding a place to live. Attorney David Olson offers a complimentary consultation to discuss your case – see below for information.
Child Pornography Laws
It is illegal to possess, create, manufacture, distribute or transmit child pornography. Child pornography is defined by statute in Florida:
- “Child pornography” means any image depicting a minor engaged in sexual conduct.” Florida Statutes, 847.001(3)
“Sexual conduct” is also defined by statute. Under 847.001(16):
- “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
Child Pornography and the Internet
Florida has strict laws that prohibit the transmission of child pornography through the internet or other means:
847.0137 – Transmission of pornography by electronic device or equipment prohibited; penalties.—
(1) For purposes of this section:
(a) “Minor” means any person less than 18 years of age.
(b) “Transmit” means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device.
(2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to any person in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) This section shall not be construed to prohibit prosecution of a person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child pornography, as defined in s. 847.001, to any person in this state.
(5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3).
Federal Child Pornography Laws
There are numerous federal statutes that prohibit child pornography. These include, but are not limited to, the following:
- 18 USC Sec. 2251 – Sexual Exploitation of Children (pertains to the production of child pornography)
- 18 USC Sec. 2252 – Possession, distribution and receipt of child pornography
- 18 USC Sec. 2260 – Production of sexually explicit depictions of a minor for importation into the US.
Federal charges apply when images are transmitted across state lines. Federal penalties are often harsher than state penalties. Additionally, charges may be assessed for each particular image. A single image that is sent to ten different email addresses can potentially result in ten different charges, each one with a sentence of many years.
Computers – Defending Against Child Pornography
The great majority of child pornography cases are based on illegal possession or distribution of content on the accused’s personal and/or work computer. As we frequently mention throughout these pages, an arrest and accusation is not a conviction. The prosecution has the burden of proving that the accused intentionally possessed and/or distributed child pornography. There are numerous defenses that your attorney may utilize in your case, including, but certainly not limited to the following:
- Lack of search warrant. If images are suspected on an accused’s computer or other electronic device, the equipment will be seized and examined by the authorities. A valid search warrant is usually, but not always required. If a valid warrant was not executed, your attorney may seek to suppress the evidence.
- No intent on the part of the accused to receive images. This is especially applicable when images were unknowingly sent to the accused without the recipient’s knowledge or permission.
- No intent to distribute images. It is possible to distribute images without the intent to do so – and often without the knowledge of the accused. Images may be hidden amongst other data and “blind” to the alleged recipient/distributor. Images may be smuggled by third parties who have hacked the accused’s emails or attachments.
- Numerous other defenses may be utilized depending on the specific circumstances of the case. Discuss this with your attorney.
Law Offices of David W. Olson – Child Pornography and Criminal Defense in West Palm Beach and South Florida
For more than 30 years, Attorney David Olson has defended thousands of clients accused of child pornography and other serious offenses, including domestic violence, assault, aggravated battery, theft offenses, drug offenses, DUI, white collar crimes, juvenile matters, vehicular manslaughter, weapons violations and more.
Attorney Olson is the recipient of numerous honors, including the following:
- Martindale Hubbell AV Preeminent Peer Rating – a perfect 5.0 out of 5.0 – for professional ability and the highest ethical standards. This rating is especially significant because it is based on the evaluations of fellow attorneys and the judiciary. It is granted to only the top 5% of all attorneys.
- Top 1% – National Association of Distinguished Counsel – granted to only the top 1% in the country.
- Top 100 Trial Lawyers – National Trial Lawyers.
If you have been charged with creating, possessing or distributing child pornography – or any offense, it is highly advisable to immediately seek the advice and counsel of a qualified and experienced attorney. Attorney David Olson represents clients from West Palm Beach, Palm Beach County, Broward County, Fort Lauderdale, Miami-Dade County and elsewhere throughout Florida. To schedule a complimentary and confidential case review, contact The Law Offices of David W. Olson at 561-833-8866.
Source
Florida Statutes (2014): Sections 847.001(3), 847.001(16), 847.0137
18 U.S.C. Secs 2251, 2252, 2260
