Child Pornography

Have you or a loved one been charged with a crime involving child pornography?

The possession, distribution and/or production of child pornography are serious offenses, and they are felonies under both State and Federal law. Child pornography refers to material depicting children being in a state of undress, engaged in erotic poses or actual sexual activity.  The internet has resulted in a massive increase in the availability, accessibility, and volume of child pornography.

Under Federal law, it is a felony to knowingly transport, distribute, mail, transfer, receive, possess, promote, reproduce, advertise, produce or in any way deal with child pornography.  It is also a Federal offense to offer, give, or send a minor any type of child pornography.  Conviction of the offenses of mailing, receiving, distributing, or reproducing is punishable by a fine and/or a term of imprisonment of no less than 5 years and no to exceed 20 years.  If the defendant has a prior conviction of a similar offense under State or Federal law relating to child pornography, it is punishable by a fine and/or a term of imprisonment of no less than 15 years and not to exceed 40 years.  Conviction of the offense of possession of child pornography is punishable by a fine and/or a term of imprisonment of no more than 10 years.  If the child depicted in the pornography is less than 12 years of age, it is punishable by a fine and/or a term of imprisonment of no more than 20 years.  If the defendant has a prior conviction of possession of child pornography under State or Federal law, a punishment by a fine and/or a term of imprisonment of no less than 10 years and not to exceed 20 years is required.  Conviction of the offense of producing with the intent to distribute child pornography is punishable by a fine and/or a term of imprisonment not to exceed 15 years.

Under Florida state law, it is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child.  Conviction of this offense is a felony of the second degree and is punishable by a fine not to exceed $10,000 and/or a term of imprisonment of no more than 15 years.

Florida state law also make its unlawful for any person to knowingly possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child.  Conviction of this offense is a felony and is punishable by a fine not to exceed $5,000 and/or a term of imprisonment not to exceed 5 years.

Conviction of these crimes under both State and Federal law also requires one to register as a sex offender for LIFE.  Failure to register is also a crime itself and is punishable by imprisonment.

Attorney Petruzzi has many years of experience defending those charged with offenses related to child pornography.  It is important for one to hire an experienced attorney when faced with this type of offense.  Attorney Petruzzi’s knowledge and expertise in this field is a vital asset to anyone charged with this crime.  Call today for a free consultation.

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