Transmitting Child Pornography via Electronic Devices in St. Petersburg, Florida

In St. Petersburg, Florida, the transmission of child pornography through electronic devices is a severe criminal offense under both state and federal law. Florida Statute §847.0137 specifically addresses the transmission of pornography by electronic devices, making it a third-degree felony. Convictions can result in significant penalties, including imprisonment, fines, and mandatory sex offender registration.

Legal Definition and Scope

Under Florida law, "transmit" refers to the act of sending and causing to be delivered, including providing access for receiving and causing to be delivered, any image, information, or data over or through any medium, including the Internet or an interconnected network, by use of any electronic equipment or other device. Child pornography is defined as any image depicting a minor engaged in sexual conduct or any image that was created or modified to portray an identifiable minor (a person under the age of 18) engaged in sexual conduct. "Sexual conduct" includes actual or simulated sexual intercourse, oral sex, anal sex, masturbation, sadomasochistic abuse, or lewd display of the genitals.

Transmission of such materials via electronic devices is prohibited, regardless of whether the transmission occurs within Florida or across state lines. This broad jurisdictional reach ensures that individuals who transmit child pornography are subject to prosecution in Florida courts.

Penalties for Transmission

A conviction under §847.0137 for transmitting child pornography is classified as a third-degree felony. Penalties for a third-degree felony in Florida may include:

• Up to 5 years in prison
• Up to 5 years of probation
• Fines up to $5,000
• Mandatory lifetime sex offender registration

The mandatory sex offender registration requires individuals to report their whereabouts to local law enforcement, adhere to residency restrictions, and comply with other conditions designed to monitor and restrict their activities.

Enhanced Penalties for Authority Figures

If the defendant is an authority figure such as a teacher, school employee, or volunteer and the victim is a student under the age of 18, the offense may be reclassified to a second-degree felony. This enhancement can lead to:

• Up to 15 years in prison
• Fines up to $10,000
• Mandatory sex offender registration

Being classified as an authority figure significantly increases the severity of the penalties and underscores the legal system's emphasis on protecting minors in educational settings.

Additional Related Offenses

Individuals charged with transmitting child pornography may also face additional related offenses, including:

• Possession of Child Pornography: Knowingly possessing child pornography is a third-degree felony under Florida Statute §827.071.
• Promotion of Child Pornography: Promoting or distributing child pornography is a second-degree felony under §827.071.
• Use of a Child in a Sexual Performance: Using a child to participate in a sexual performance is a first-degree felony under §827.071.

Convictions for these offenses can result in additional penalties, including longer prison sentences and higher fines.

Legal Defense and Considerations

Defendants facing charges under §847.0137 have several potential legal defenses, including:

• Lack of Knowledge: Arguing that the defendant did not know and could not reasonably have known that the transmitted material was child pornography.
• Mistaken Identity: Claiming that the defendant was not the individual who transmitted the material.
• Unlawful Search and Seizure: Challenging the legality of the search and seizure that led to the discovery of the transmitted material.

It is crucial for individuals charged with such offenses to consult with our experienced criminal defense attorney to explore all available legal options and develop an effective defense strategy.

Call Attorney Will Hanlon for Your St. Petersburg Case

The transmission of child pornography via electronic devices is a grave offense in St. Petersburg, Florida, carrying severe legal consequences. Florida Statute §847.0137 provides a clear legal framework for prosecuting such offenses, emphasizing the state's commitment to protecting minors from exploitation. Individuals facing charges under this statute should seek immediate legal counsel to navigate the complexities of the legal system and to ensure their rights are adequately protected.

If you or someone you know is facing charges for the transmission of child pornography by electronic device in St. Petersburg, Florida, keep in mind that the sooner you get a defense attorney, the more options you may have for reducing or dismissing the charges.

Whether we’re negotiating with prosecutors, filing motions to suppress evidence, or preparing for trial, at Hanlon Law, our priority is to secure the best possible outcome for you. Contact Attorney Will Hanlon today by phone at 813-228-7095 or schedule a consultation online.

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