Promoting Child Pornography

Florida has some of the harshest criminal consequences for those who are convicted of a child pornography offense. Promoting child pornography involves the creation, distribution or transfer of child pornography and is one of the most serious sex crimes in the state. At the same time, the law prohibiting the promotion of child pornography is extremely broad, and many people who had no intention of violating the law find themselves facing lengthy prison sentences. However, being charged with promoting child pornography and being convicted are two very different things, and it is up to the prosecution to prove every element of the offense before a judge or jury can convict you. So, there’s hope.

At the Mayberry Law Firm, our Hillsborough County criminal defense attorney has more than 15 years of hands-on experience representing good people charged with serious—and potentially life-changing--crimes. Through his outside-the-box thinking and strategic negotiation, Attorney Jason Mayberry has successfully obtained favorable plea agreements on behalf of many clients, sparing them from the worst consequences of a conviction. However, as a seasoned litigator, Attorney Mayberry is more than comfortable explaining to a jury why “not guilty” is the only just outcome.

Under Florida Statutes § 827.071, promoting child pornography is defined as the manufacture, sale or transfer of any image or video that either depicts a minor engaging in sexual activity or was created or modified to portray an identifiable minor engaging in sexual conduct. In this context, “sexual conduct” includes vaginal sex, anal sex, and oral sex, as well as the lewd exhibition of the genitals, buttocks or a woman’s breast. Under § 827.071, a minor is anyone under the age of 18.

Florida’s promoting child pornography law also contains a presumption that often catches individuals who face these charges by surprise. Under § 827.071, anyone who has three or more copies of an image or video is presumed to have the intent to promote the content. Given this presumption, in many cases, prosecutors do not need specific evidence that a person intended to distribute the content to charge them with promoting child pornography.

Florida’s law against the promotion of child pornography is incredibly broad and covers a wide range of conduct. For example, forwarding an email containing a single image of child pornography can be considered promoting child pornography. Posting a link to a web page that displays child pornography could also violate § 827.071.

The promotion of child pornography is a felony of the second degree, which is punishable by up to 15 years in prison and a fine of $10,000. Additionally, anyone convicted of a child pornography offense will be required to register as a sex offender for life. However, under Florida Statutes § 775.0847, promotion of child pornography becomes a felony of the first degree if someone has ten or more images and one or more of them:

• Depicts a child under five years old;
• Contains sadomasochistic abuse of a child;
• Shows the sexual battery of a child;
• Involves bestiality; or
• Is an actual or computer-generated motion picture, film, or video.

In these cases, the offense is punishable by up to 30 years in prison and a fine of up to $10,000.

Prosecutors will often file charges for multiple related offenses when bringing child pornography charges. While the possible charges depend significantly on the circumstances, they may include the following:

• Possession of Child Pornography – Florida Statutes § 827.071(5)(a)
• Online Solicitation of a Minor – Florida Statutes § 847.0135(3)(a)
• Traveling to Meet a Minor – Florida Statutes § 847.0135(4)
• Use of a Child in a Sexual Performance – Florida Statutes § 827.071(2)

If you have an upcoming court date for charges related to the promotion of child pornography, or any other sex crime, your next move should be to reach out to an experienced Hillsborough County criminal defense attorney. At the Mayberry Law Firm, our Tampa sex crimes lawyer has more than 15 years of experience crafting compelling defenses and aggressively negotiating on behalf of good people charged with serious felony crimes. Whether he is fighting to keep you out of jail or keep your name off the sex offender registry—or both—Attorney Mayberry has what it takes to ensure you reach the best result possible. To learn more and to schedule a free consultation with a Tampa criminal defense attorney today, call 813-444-7435. You can also reach us through our online contact form.