Orlando Child Pornography Lawyer
Federal child pornography charges are taken very seriously and those convicted will face lengthy prison sentences. A federal charge of child pornography will typically come with longer sentences that state charges. For example, in Florida, a conviction for a state child pornography possession charge will result in a sentence of up to five years in prison. A federal charge can result in a sentence of up to ten years in federal prison.
If you are facing charges or believe you are under investigation, there is a lot on the line. It is critical that you speak to an Orlando child pornography lawyer who can help you retain your freedom.
What is Child Pornography Under Federal Law?
Under the United States Code, child pornography is defined as any sexual explicit visual depiction of a minor. A visual depiction can include any film, photograph, computer or computer-generated image, or video. It does not matter whether the material was produced using mechanical, electronic, or other means. Under the statute, it is not only illegal to create, possess, sell, or distribute child pornography, but it is also illegal to alter an image in such a way that makes it appear as though a minor is engaging in sexually explicit behavior.
Federal law defines a minor as any person who is under the age of 18 years old. This is similar to state law in Florida, which has the same age of majority.
Penalties for Child Pornography
The prison sentences for child pornography vary widely depending on the type of offenses allegedly committed. The maximum sentences for child pornography are as follows:
- Possession (first offense): Ten years
- Possession (subsequent offense): Twenty years
- Mailing, transporting, or receiving (first offense): Twenty years
- Mailing, transporting or receiving (subsequent offense): Forty years
Defenses to Child Pornography Charges
Being charged with child pornography is very scary, but a charge does not automatically mean you will be convicted. A lawyer can provide a strong defense, which may include:
- Unintentional possession: If you honestly did not mean to have child pornography in your possession, and perhaps were not even aware of its presence, that can provide a valid defense.
- Illegal search and seizure: Government agencies that investigate child pornography cases must follow certain procedures. When they conduct an illegal search and unlawfully seize evidence, it can be thrown out of your case, which can greatly weaken the prosecution’s case.
- Material was not child pornography: Federal law outlines very specific definitions of child pornography. If the material in question does not meet this definition, child pornography charges do not apply.
Contact Our Child Pornography Lawyer in Orlando Now
Charges for child pornography are common and they hit all walks of life. If you or someone you love is facing these serious federal charges, it is of the utmost importance that you speak to an Orlando child pornography lawyer today. At Joshi Law Firm, P.A., our seasoned attorney has a history of successfully defending these cases and we will put our expertise to work for you. Call us now at 407-661-1109 or contact us online to schedule a free consultation.