Transmission of Pornography by Electronic Device

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.

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.”

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.

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.

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:

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

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.

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.