When it comes to child pornography, the possession or distribution of it is a criminal offense that is certainly not considered victimless. It is a crime that is unfortunately mass-produced on the internet for consumption by a shocking number of people all over the world. In just central Florida alone, The National Center for Missing and Exploited Children reported about 4,000 cases for Central Florida in 2020 and almost 6,000 in 2021. While these reports go to the Central Florida Internet Crimes Against Children division (ICAC) to investigate, only a small fraction of arrests are made due to the difficulty in finding the child pornography perpetrators on the internet.
Ultimately, crimes victimizing children fall under the most serious category of violent crimes and are understandably treated more seriously by prosecutors, police and judges. Being that those offenses are crimes that exploit children, whether through possession or distribution of child pornography, the charges come with severe punishment. That can include serious prison time, even a life sentence, massive fines, and lifetime registration as a sex offender. If you or a loved one has been charged with a child pornography related offense, you should not hesitate to retain the legal services of a Tampa child pornography enhancements lawyer to analyze your criminal case.
Child Pornography Sentencing Enhancements in TampaAs already mentioned, it's illegal to knowingly produce, distribute, receive or possess sexually explicit material of children. In Florida, this heinous crime is met with serious consequences.
Child pornography possession convictions carry major penalties without any enhancements. For instance, intentionally viewing or possessing an image of child pornography is considered a third degree felony that is punishable by up to five years in prison. One must also keep in mind that an individual can be charged with one count of possession of child pornography for each image or video found to be in his or her possession. This can result in offenders facing harsh sentences for a crime that does not involve direct harm to another person. Therefore, if you’ve been charged with a child pornography offense, reaching out to an experienced Tampa criminal lawyer is your best course of action.
In terms of enhancements, Florida law has instituted statutes that enhance the harsh base penalties for child pornography offenses if certain prerequisites are met on the case. Under Florida Statute 775.0847, the state can enhance certain offenses to allow for longer sentences. The prosecution must first establish guilt for the offense of possession of child pornography, use of a child in a sexual performance, transmission of child pornography, transmission of material harmful to a minor, or another offense similar to those. Once the offense has been proven, the state can enhance the offense if they can prove that the defendant possessed 10 or more images of child pornography, and at least one of the images contained certain content. The content can be a child under the age of 5, sadomasochistic abuse, sexual battery, sexual bestiality, or any movie involving a child.
A majority of child pornography offenses involve dozens if not hundreds of images. Because of that, most prosecutions qualify for these offenses. If any of these enhancements apply, then the degree of the offense is enhanced. In the prosecution for a third degree felony, the offense will be increased to a second degree. With a prosecution for a second degree felony, it will be enhanced to a first degree offense punishable by up to thirty years in prison. The serious consequences and complex nature of child pornography offenses mean that you should not try to face these charges alone.
Florida's laws are very strict, and it can be anywhere from minimum mandatory sentences up to lifetime sentences depending on the severity of the crime.
Contact Attorney Will Hanlon to Represent YouAt Hanlon Law, we do not take the legal consequences of child pornography in Tampa lightly. If you or someone you know has been wrongfully accused of possession of child pornography in Tampa, you’ll need the legal assistance of a strong criminal defense attorney with experience in this area. Attorney Will Hanlon is the one you want to call since the right representation is necessary in order to secure a fair resolution.
If you are in the Tampa area, call Hanlon Law today at 813-228-7095 or contact us online to schedule a consultation today.