What To Do Immediately if You’re Accused of Possessing Child Sexual Abuse Material in Florida

Being accused of possessing child sexual abuse material is life-altering. In Florida, these allegations can lead to severe felony penalties and lasting personal consequences. Even before formal charges are filed, an investigation alone can damage your reputation, strain family relationships, and jeopardize employment. If you are in this situation, what you do in the first hours and days matters a lot. In this article, we discuss what to do immediately if you are accused of possessing child sexual abuse material in Florida.

What Is Child Sexual Abuse Material Under Florida Law?

The term child sexual abuse material (CSAM) is used to describe what’s called child pornography in most Florida statutes. Under Florida Statute § 847.001, CSAM includes any visual depiction, such as photos, videos, digital images, or altered media, showing a minor engaged in sexual conduct. Notably, actual intercourse isn’t required. Images involving lewd exhibition of a minor’s genital area or simulated sexual activity may qualify. In Florida, it is illegal to possess any materials, whether edited or not, that depict an identifiable minor in a sexualized way. Additionally, even if you didn’t create or share the said material, charges can be mounted on you.

Consequences of Possessing CSAM in Florida

Possession of CSAM is typically charged under Florida Statute § 827.071 and is considered a serious felony offense. Each image or file can be charged as a separate count, which means one’s exposure can add up quickly. Potential penalties for possessing child sexual abuse material include:

• Prison time of up to 5 years per count for a third-degree felony
• Fines of up to $5,000 per count
• Lengthy probation with strict conditions
• Mandatory sex offender registration
• Loss of certain civil rights

What To Do and Not To Do Immediately After Being Accused

First, do not attempt to speak to law enforcement without a lawyer present. Investigations may seem informal or helpful, but anything you say can be used against you later.

Secondly, do not attempt to talk to the accuser or anyone else involved as a way of trying to explain yourself to get the accuser out of pressing charges or to “clear things up”.

Third, do not consent to searches of your phone, computer, or online accounts without legal advice. Digital evidence is complex, and consent can waive important constitutional rights.

Fourth, do not attempt to delete files, reset devices, or destroy electronics. This can lead to additional criminal charges. The safest move is to preserve the evidence as it is and let an attorney handle communication and strategy. Also, do not agree to polygraph tests.

Possible Defenses in Possession of Child Sexual Abuse Material Cases

While every case is unique, possible defenses may include:

• Lack of knowledge of possession
• Accidental or automatic downloads
• Unlawful searches
• Someone else had access to the device
• Duress; that you were forced to produce, keep, or share the material
• You took reasonable steps to get rid of the material immediately you knew it was CSAM.

Need Help Now? Contact Joshi Law Firm, P.A. Today

If you’re under investigation or have been charged with possession of child sexual abuse material, contact an experienced Orlando sex crime lawyer at Joshi Law Firm, P.A. to protect your rights and your future.