3 Defenses for Computer Pornography Charges in Florida

Possession of child computer pornography is a third-degree felony in the state of Florida and will result in very serious penalties. The law allows for the accused individual to be charged separately for each transmission and photo of an exploited minor, regardless of the number of incidents. It’s also important to note that the individual could also face federal charges, depending on the circumstances of their case.

If you have been charged with the possession of computer pornography, time is of the essence. Do not try to explain your actions without a dedicated criminal defense attorney present as it will be used against you in court. Fighter Law has been representing wrongfully charged Florida residents for over a decade now, and we have the compassion and knowledge necessary to help your case today. 

3 Defenses for Computer Pornography Charges

Florida Statute 847.0135, or the Computer Pornography and Child Exploitation Prevention Act, clearly outlines the penalties and parameters of receiving, sending, and possessing child pornography on computers, cell phones, and other electronic devices. When you are facing computer pornography charges, there are many defenses your attorney may use, including the following: 

Shared Device

The prosecution has to prove the contraband materials were directly in your possession. If the computer or electronic device that is currently housing the pornography is a shared device, you may be able to successfully argue the illegal content was not yours. For example, a household device or a computer used by several different employees or colleagues will be hard to identify as purely yours. 

Also, you can claim unknowing possession with a shared device. If you have never viewed, transmitted, or accessed the materials, you can argue you did not even know they were there. 

Illegal Search and Seizure

When questioning suspects and obtaining evidence, the police must follow and adhere to a strict set of rules and regulations. If they fail to obtain a proper search warrant and still managed to collect illicit materials, your attorney can claim they committed an illegal search and seizure of your possessions. This allows the prosecution’s evidence to be challenged and considered inadmissible in court. 

You may also be able to claim entrapment if an undercover police officer has convinced you to commit a crime you would not have otherwise committed. Police officers, if they suspect someone of illegal activity, will often go undercover to begin collecting evidence and proving motive. However, if they encourage you to illegally download or transmit child computer pornography, this is considered entrapment. 

Substantial Assistance 

If there is child pornography on your computer that you did willingly or knowingly download, transmit, or view, your attorney may encourage you to assist the government with inquiries and investigations into the source of the illegal materials. This is not a defense, but a way to lessen the penalties against you and reduce your overall charges. 

Law enforcement will be actively searching for the manufacturer of the contraband and any assistance you are able to provide can potentially reduce or suspend your charges. 

Receive the Professional Assistance of a Defense Lawyer Now

Don’t navigate these criminal charges alone. Fighter Law is here to listen to your story with compassionate ears and get to work immediately fighting to protect your rights. For over a decade, now we have offered board-certified services to our clients and have helped them get the best possible outcome for their cases. Attorney Thomas Feiter and his team will fight for you. We deeply understand the sensitive nature of computer pornography charges and will treat your case with the urgency it requires. 

To speak to someone today about your case and receive a free evaluation, call (407) 344-4837 or fill out a contact form.

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