Pornography Laws In Florida: A Complete Guide

All of us know that Pornography Laws In Florida are not the same all over the world. It varies with different countries.

In some countries, pornography is not illegal because they accept it and think that it is necessary to satisfy the interests of the people. there are also many countries where pornography is illegal.

For example, we can take the Arab countries where pornography is illegal because of the reason that it is against Islamic laws and beliefs.

Similarly, other countries have banned pornography for a similar reason and different reasons as well. But The thing is that apart from all this we are not supposed to pass negative or harsh comments towards the people in pornography because they’re doing their job.

passing hate comments on them they only make them uncomfortable. Let’s have a look at the laws regarding pornography in Florida.

Florida Statute 847.011 makes it illegal in almost every way to be associated with obscene materials. It is illegal to possess, sell, lend, give away, transmit, show, or advertise any obscene material.

Pornography Laws in Florida

The purpose of pornography is to stimulate the viewer sexually by showing any material depicting sexual behavior. So just think about the case when the minor is involved in sexually explicit content.

I don’t even know how people are even able to watch these things and why this whole thing called child pornography exists because it is very disgusting to even think about it.

Pornography is not banned here but obscene materials are not encouraged. By saying obscene they mean that a material that appeals to the prurient interest which offensively depicts sexual conduct and also a material that lacks any scientific or artistic value.

Depicting children engaging in sexually explicit content is banned in most of the countries. Likewise, very aggressive and strict action will be taken against people involved in child pornography in Florida because it is considered illegal.

It is illegal to possess or distribute pornographic material which involves a child in Florida. If a person is convicted of this offense then he will have to spend a long time in jail and also his name will be registered in the list of sex offenders.

By saying that it is evident that if they are convicted of child pornography even after the punishment he will face a hard time because no one will be ready to have a personal relationship with this person and he won’t get any job as well because this list of sex offenders is open to the public and anyone can have access to it.

Under this definition, a minor is a child less than 18 years of age. Additionally, some examples of depiction that could be considered child pornography include:

• Pictures
• Video
• Shows and exhibitions
• Computer data files
• Streaming or downloaded video
• Any other images or video

If you are convicted of exposing a minor to pornography, you will face the following charges:

• Misdemeanor of the first degree
• Prison time of up to 1 year
• Fines of up to $1,000
• Increased penalties for repeat offenders

Child Pornography Law in Florida

Sexting is something that has increased over the years. Teenagers are most likely to be engaged in Sexting with their boyfriend or girlfriend.

But the thing is by sending sexually themed photos to each other they might be breaking a law. Sexting is seen as a form of child pornography in Florida. You can say that both of the parties willingly sent photos to each other but the age bar for child pornography is 18 years in Florida so Sexting is more like breaking the law in Florida.

Both the parties who are still minors consented to send pictures of each other but the thing is that a minor is not allowed to consent to such activity in Florida.

Anyways the laws in Florida have created a disparity between adults and children who commit child pornography so that their names will not be included in the sex offenders list. It is also a crime for a minor to keep the sexually themed photo of another minor with him. 

All forms of child pornography are banned in Florida. Not even computer depictions of a minor are allowed. You will be convicted of child pornography even if a real person is involved or not.

Apart from viewing and possession, there are also other crimes related to child pornography that have stricter penalties, which are hiring or utilizing a minor to participate in sexual activities. Multiple laws handle child pornography in Florida. Let’s take a look into the punishments for child pornography here

• • For possessing child pornography a person will get a sentence of 5 years of imprisonment along with a $5000 fine. And also if that person has a single image of 2 minors then the punishment will be for 10 years along with a $10000 fine.
• • The second-degree felony is for distribution, promotion, and creation of child pornography for which a person will be spending 15 years in jail and $10000 fine.
• • The same second-degree charge will be given to the person if he hired a minor to engage in such activity.

Defense Against Child Pornography Charges

Child pornography cases are sensitive and demand a robust defense to convince the judge of your innocence. Depending on your situation, your attorney may employ various strategies. Some common defenses used by the child pornography lawyers at Goldman Wetzel include:

1. Lack of evidence: Having just one image or video may not be sufficient to prove that the defendant intentionally engaged with such material. Your lawyer might demonstrate that there was no intent to view or possess the material.
2. The material was not yours: In certain instances, defendants may discover child pornography material on their devices or in spam emails. An attorney from Goldman Wetzel may find evidence to show that you were unaware of this material and simply came across it.
3. Lack of intent: In specific situations, a child pornography lawyer might prove that the defendant did not intentionally view the images and encountered the material accidentally.

While these are common defenses, there could be other suitable approaches for your case. To explore potential strategies tailored to your situation, consult with our criminal defense attorneys today.”

Punishment

The crime is a third-degree felony which is punishable by up to 5 years in prison and a $5,000 fine. This crime is ranked as a level 1 crime under the Florida Criminal Punishment Code.

In most cases of child pornography, one of the main defenses is to prove that the defendant did not engage in child pornography knowingly but in Florida, that’s not enough. The defendant has to prove that he had no purpose in keeping them and that the defendant is not the owner of the material. If a person is convicted of possessing child pornography for the first time then he will get a 10-year imprisonment but if it is for repetitive offenders then penalties will increase. If a person reports child pornography to the concerned authorities then he or she will be prone to face charges but if you file a complaint when you encounter something like that then you won’t be accused of the crime. 

Strict rules are followed in Florida regarding pornography. Even after your punishment period, you will have to face the consequences which will affect both your personal and professional life. So it is better to stay away. 

Discover Your Legal Options Today

At Musca Law, our team of attorneys boasts over 150 years of collective courtroom experience, aiding numerous individuals in combatting serious allegations. We meticulously analyze each case, constructing robust defenses to secure the best possible outcomes for our clients within the framework of Florida law.

To explore your legal options and understand the services our firm provides, reach out to our office promptly at (888) 484-5057 to arrange a free case evaluation. This consultation allows us to assess how we can assist you, and there is no obligation on your part. Regardless of the nature of your criminal charges in Florida, we are here to help.

In cases where:

• The defendant is under 18 years old;
• The defendant transmits, sends, or causes to be delivered;
• Any information, image, or data containing child pornography;
• From one or more persons or places;
• To one or more persons or places;
• Over or through any medium, such as the Internet;
• By use of any electronic device or equipment including a cell phone, tablet, or computer.

How to Report Child Pornography

As per Florida § 847.0139, individuals reporting child pornography to law enforcement are protected from prosecution. In simple terms, if you discover child porn and report it, you won’t face criminal charges.

Reporting involves providing images, information, or data that you believe serves as evidence of child pornography possession or distribution. To report child pornography, the Florida Department of Law Enforcement advises reaching out to local law enforcement and sharing the information you’ve found.

Connect with a Florida Child Pornography Attorney
Child pornography offenses are taken seriously in Florida, carrying severe consequences like fines, imprisonment, probation, and sex offender registration. If you’re accused of child pornography-related charges, it’s crucial to consult an experienced criminal attorney.

Goldman Wetzel assists clients facing serious charges in Pinellas, Sarasota, Hillsborough, and Manatee County. For those accused of child pornography possession or distribution, reach out to our attorneys or call us at (727) 828-3900 to arrange a free consultation.