Top 100 Trial Lawyers
Super Lawyers
Avvo Client's Choice Award
Avvo Top Contributor
Avvo Rating Superb
American Inns of Court

Transmission of Pornography by Electronic Device

Experienced Tampa Bay Sex Crimes Attorney Aggressively Defending Clients Facing Serious Child Pornography Offenses

When it comes to child pornography, Florida lawmakers didn’t stop at just one or two laws. In fact, there are over a dozen different statutes, all of which punish similar but slightly different conduct related to the possession, distribution and creation of child pornography. Transmission of pornography by electronic device is one of the more common ancillary child pornography crimes, which can significantly increase your overall exposure.

What is the Crime of Electronically Transmitting Child Pornography?

Under Florida Statutes § 847.0137, it is illegal for individuals in Florida to transmit child pornography to anyone else in Florida or any other state. Similarly, the statute prohibits out-of-state individuals from electronically transmitting child pornography to anyone in Florida.

In this context, the definition of transmit includes “the act of sending and causing to be delivered… any image, information, or data over or through any medium, including the Internet or … by use of any electronic equipment or other device.”

What Constitutes Child Pornography in Florida?

Florida law defines child pornography as any image depicting a minor engaged in sexual conduct or any image that was created or modified to portray an identifiable minor (a person under the age of 18) engaged in sexual conduct.

Under § 847.001(19), “sexual conduct” refers to actual or simulated sexual intercourse as well as oral sex, anal sex, masturbation, sadomasochistic abuse or lewd display of the genitals. Actual and simulated sexual battery is also considered child pornography.

What Is the Punishment for Transmission of Pornography by Electronic Device?

Section 847.0137 provides that transmitting pornography by electronic device is a felony of the third degree. Third-degree felonies carry a maximum possible sentence of up to five years in jail and a fine of as much as $5,000. Additionally, a conviction for electronically transmitting child pornography will result in mandatory, lifetime sex offender registration.

Offenses Related to Transmission of Pornography by Electronic Device

Transmission of pornography by electronic device is not a substitute for any other child pornography crime, meaning prosecutors are able to bring charges under § 847.0137 in addition to other child pornography offenses. While the specific charges vary depending on the circumstances, some of the most common include the following:

The ability to charge multiple similar crimes significantly increases the maximum exposure a defendant faces, as courts can—and often do—order sentences for each offense to run consecutively. This gives prosecutors a clear advantage over a defendant in negotiations. Therefore, it is imperative for anyone facing any type of child pornography offense to reach out to an experienced Tampa Bay sex crimes defense attorney.

Have You Been Arrested in Hillsborough County for a Child Pornography Crime?

If you have an upcoming court date for a child pornography case, it is essential that you reach out to a criminal defense attorney as soon as possible. At the Mayberry Law Firm, our Tampa Bay child pornography lawyer has more than 15 years of experience helping clients from all walks of life defend their names, reputations and freedom in the face of extremely serious accusations. Attorney Jason Mayberry is a skilled negotiator who aggressively advocates on behalf of his clients at every possible opportunity, ensuring those clients who want to avoid a trial secure the best possible plea agreement. However, as a seasoned litigator, Attorney Mayberry is equally comfortable litigating a case in front of a jury when doing so is in his client’s best interests. 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.

Client Reviews
"...I would not have gotten my life back with out Jason Mayberry and the hard work of him and his firm. He became a friend... My wife and I highly recommend the Mayberry law firm and we will only use him in the future if we need an attorney..." JB
"..After speaking with Jason on the phone, I stopped the search. There was just something about this friendly, No BS professional that told me this is the one. During my consultation, it was like talking to a long time buddy. I was totally at ease..." NH
"Having never been arrested before I was completely terrified and ignorant to the judicial process. Jason provided emotional support and the knowledge and experience I needed. He was available 24/7 for all of my concerns and questions. He was efficient..." LH
"My wife was facing false accusations that she misrepresented her Income on mortgage applications and was facing serious time as this was a federal crime. Jason worked diligently with her and myself daily on all the details of the sentencing potentials..." Anonymous
"...I called various attorneys and researched for four hours straight. After speaking with roughly 20 attorneys and reading various reviews, I knew that Attorney Mayberry was the best..." J.H.
10 News
abc Action News
Tampa Bay News
the Street
Tampa Bay Business Journal