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Child Pornography

Florida Statute § 847.001(3) defines child pornography as “any image depicting a minor engaged in sexual conduct.” Minor means any person under the age of 18 years and Florida Statute § 847.001(16) defines sexual conduct as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.”

State laws in Florida establish serious penalties for people convicted of child pornography offenses, but these types of crimes may also be prosecuted in federal court where the possible sentences can be even more severe. For many alleged offenders, simply being charged with a child pornography offense can immediately feel as though there is no presumption of innocence and they will forever struggle to prove to friends, family, and the court that they are not guilty.

Child Pornography Defense Lawyer in Broward County, FL

If you believe that you could be under investigation or you were already arrested in South Florida for any kind of alleged crime relating to child pornography, it is critical for you to refuse to make any kind of statement to authorities without legal representation. The Hoffman Firm aggressively defends clients accused of sexual crimes in Cooper City, Hollywood, Lauderhill, Hallandale Beach, Pompano Beach, and surrounding areas in Broward County.

Evan A. Hoffman is a skilled criminal defense attorney in Fort Lauderdale who also has experience handling these cases on the other side of the aisle as a former Assistant State Attorney for the Broward County State Attorney’s Office. He will provide an honest and thorough evaluation of your case as soon as you call (954) 524-4474 to take advantage of a free, confidential consultation.


Fort Lauderdale Child Pornography Offenses Information Center


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Florida Penalties for Child Pornography

In the state of Florida, each photograph or image involved in a Florida child pornography case is treated as a separate offense. This means that an offense punishable by five years in prison involving 10 images could result in an actual sentence of 50 years.

Some of the specific offenses relating to child pornography in the Florida Statues include:

  • Florida Statute § 827.071(2) makes it a second-degree felony punishable by a maximum sentence of 15 years in prison and/or a maximum fine of $10,000 to employ, authorize, or induce a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance.
  • Florida Statute § 827.071(3) makes it a second-degree felony punishable by a maximum sentence of 15 years in prison and/or a maximum fine of $10,000 to produce, direct, or promote any performance which includes sexual conduct by a child less than 18 years of age.
  • Florida Statute § 827.071(4) makes it a second-degree felony punishable by a maximum sentence of 15 years in prison and/or a maximum fine of $10,000 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. Possession of three or more copies of such photograph, motion picture, representation, or presentation is considered prima facie evidence of an intent to promote.
  • Florida Statute § 827.071(5) makes it a third-degree felony punishable by a maximum sentence of five years in prison and/or a maximum fine of $5,000 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. In addition to each photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation being a separate offense, material that includes sexual conduct by more than one child will be treated as individual offenses in which each such child is a separate offense.
  • Florida Statute § 847.0135(2) makes it a third-degree felony punishable by a maximum sentence of five years in prison and/or a maximum fine of $5,000 to knowingly compile, enter into, or transmit by use of computer; make, print, publish, or reproduce by other computerized means; knowingly cause or allow to be entered into or transmitted by use of computer; or buy, sell, receive, exchange, or disseminate any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct.
  • Florida Statute § 847.0138 makes it a third-degree felony punishable by a maximum sentence of five years in prison and/or a maximum fine of $5,000 for any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors to a specific individual known by the defendant to be a minor.
  • Florida Statute § 847.0145(1) makes it a first-degree felony punishable by a maximum sentence of 30 years in prison and/or a maximum fine of $10,000 for any parent, legal guardian, or other person having custody or control of a minor to sell or otherwise transfer custody or control of such minor, or offer to sell or otherwise transfer custody of such minor, to either with knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or with intent to promote either the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct or the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.
  • Florida Statute § 847.0145(2) makes it a first-degree felony punishable by a maximum sentence of 30 years in prison and/or a maximum fine of $10,000 for whoever purchases or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, to either with knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or with intent to promote either the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct or the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

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Federal Penalties for Child Pornography

Many images involving child pornography are transmitted via the internet. Such transmissions can thus be considered as having crossed state lines and in violation of the Commerce Clause of the United States Constitution, leading to an alleged offender facing federal charges.

The federal laws relating to child pornography can lead to incredibly harsh punishments. Some of these laws include:

  • Certain Activities Relating to Material Constituting or Containing Child Pornography, 18 U.S. Code § 2252A — Mailing, transporting, shipping, receiving, distributing, or reproducing child pornography is punishable by a maximum fine of $250,000 and a maximum sentence of 20 years in prison for a first offense or a maximum fine of $250,000 and a mandatory minimum of 10 years, maximum sentence of 40 years in prison for a second or subsequent offense.
  • Certain Activities Relating to Material Involving the Sexual Exploitation of Minors, 18 U.S. Code § 2252 — Transporting, shipping, receiving, or distributing child pornography is punishable by a maximum fine of $250,000 and a maximum sentence of 20 years in prison for a first offense or a maximum fine of $250,000 and a mandatory minimum of 10 years, maximum sentence of 40 years in prison for a second or subsequent offense.
  • Obscene Visual Representations of the Sexual Abuse of Children, 18 U.S. Code § 1466A — Possessing a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct is punishable by a maximum fine of $250,000 and/or a maximum sentence of 10 years in prison. An offense involving a minor less than 12 years of age is punishable by a maximum fine of $250,000 and/or a maximum sentence of 20 years in prison. Second or subsequent offenses are punishable by a maximum fine of $250,000 and a mandatory minimum of 10 years, maximum sentence of 20 years in prison. Producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct is punishable by a maximum fine of $250,000 and a mandatory minimum of five years, maximum sentence of 20 years in prison for a first offense or a maximum fine of $250,000 and a mandatory minimum of 15 years, maximum sentence of 40 years in prison for a second or subsequent offense.
  • Sexual Exploitation of Children, 18 U.S. Code § 2251 — Producing or attempting or conspiring to produce child pornography is punishable by a maximum fine of $250,000 and a mandatory minimum of 15 years, maximum sentence of 30 years in prison for a first offense. A second offense is punishable by a maximum fine of $250,000 and a mandatory minimum of 25 years, maximum sentence of 50 years in prison. Third or subsequent offenses are punishable by a maximum fine of $250,000 and a mandatory minimum of 35 years, maximum sentence of life in prison.

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Florida Resources for Child Pornography Arrests

Florida Department of Law Enforcement (FDLE) | Child Pornography — Visit this website to learn more about state laws relating to child pornography and what you should do if you receive child pornography. You can also learn about the Florida Computer Crime Center (FC3), the FDLE agency that investigates complex computer crimes, assists with regional investigations, and proactively works to identify and prevent future crimes. The website also has information regarding child safety and external links to organizations that handle matters involving child abduction and sexual exploitation.

Child Exploitation and Obscenity Section (CEOS) | Department of Justice — The CEOS section of the United States Department of Justice is in charge of enforcing federal criminal statutes relating to the exploitation of children and obscenity. On this website, you can learn more about the mission of CEOS and its history of handling child pornography cases. You can also find the Citizen's Guide to U.S. Federal Child Pornography and Exploitation Laws.


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The Hoffman Firm | Lawyer for Child Pornography Arrest in Broward County, Florida

Were you arrested or do you think that you might currently be under investigation for an alleged child pornography offense in South Florida? It is in your best interest to contact The Hoffman Firm as soon as possible for help fighting to get the criminal charges reduced or dismissed.

Fort Lauderdale criminal defense attorney Evan A. Hoffman represents clients all over Broward County, including Pembroke Pines, Coral Springs, Davie, Plantation, Deerfield Beach, and many other nearby communities. Call (954) 524-4474 or fill out an online contact form right now to receive a free consultation that will allow our lawyer to review your case and discuss your legal options.


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All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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