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Child Pornography Charges

Child Pornography Defense Lawyer

Child Pornography Charges in St. Petersburg, Florida According to the FBI, there has been a 2,500% increase in child pornography arrests over the past decade. Child pornography charges should be taken very seriously. Even an accusation that you possessed or produced child pornography can be stigmatizing and come with serious consequences. It is important to retain an experienced sex crime attorney once you realize that you are being investigated by law enforcement for a child pornography crime. St. Petersburg child pornography lawyer Will Hanlon is dedicated to protecting the rights of people accused of transmitting or viewing child pornography, and he has decades of experience handling these high-stakes cases.

Fighting a Child Pornography Charge

Child pornography includes any images, movies, presentations, or data that show someone under the age of 18 involved in sexual activities. Sexual activities that can constitute pornography include intercourse, bestiality, S&M, masturbation, lewd exhibition of genitals, sexual battery, and showing genitals or private areas in order to arouse or gratify a person's sexual desire. A mother breastfeeding a child, however, is never considered child pornography.

Possession of child pornography is a third-degree felony. The potential punishment is five years in prison, five years’ probation, and $5,000 in fines. A prosecutor bringing possession charges must show beyond a reasonable doubt that you knowingly possessed, controlled, or intentionally looked at images, representations, presentations, or motion pictures showing a child's sexual acts. Intentionally looking at the image includes any deliberate, voluntary, and purposeful viewing.

Viewing, controlling, or possessing each of these images is a separate crime. This means that, for example, if you have five images that include a child involved in sexual activity on your computer, you can face five child pornography charges. When there is more than one child involved, each child in the image that is viewed, controlled, or possessed is a separate crime. Therefore, for example, if you have five images, each of which includes three different children, you could be charged with 15 offenses. A child pornography attorney in the St. Petersburg area can advise you on the types of charges that you may be facing.

Making child pornography or promoting child pornography is punished even more harshly. For example, if you are accused of videotaping a child who is engaged in a sexual performance, you can be charged with a second-degree felony. Sexual performances are any performances that include a child's sexual conduct. There is a distinction, however, between child erotica and child pornography. Erotica includes photographs of children who are photographed naked or partially naked. However, they are posed in such a way that they are not considered to be engaged in the "sexual conduct" that is essential to a child pornography charge.

If you possess three or more pieces of child pornography, this is considered prima facie evidence of intent to promote. Promotion of child pornography is a second-degree felony. You can face up to $10,000 in fines, 15 years in prison, or 15 years’ probation for promotion of child pornography. Transmitting, distributing, and manufacturing child pornography are also illegal and charged as third-degree felonies. Another type of offense that is often charged is transmitting child pornography to a minor, which also can result in significant penalties.

Our St. Petersburg child pornography attorney will look into every available defense if we handle your case. In some cases, it is possible to show insufficient evidence to meet the "beyond a reasonable doubt" standard. For example, when defending against a child pornography possession charge, we may be able to plausibly argue that the images wound up on your computer through a virus or through the actions of another person. The element of "knowingly" must be proven beyond a reasonable doubt. If we can show that you inadvertently had child pornography on your computer, it should raise a sufficient doubt to get the charges dismissed or reduced for a plea deal, or to obtain an acquittal at trial.

Seek Assistance from a Child Pornography Lawyer in the St. Petersburg Area

If you are being investigated for child pornography, you should retain a St. Petersburg criminal attorney right away, even before charges are filed if possible. Our founder, Will Hanlon, has been providing criminal defense representation since 1994. We are dedicated to guarding the rights of the accused. You can call Hanlon Law at 727.289.0222 or complete our online form.

Client Reviews
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help. I had every confidence that Mr. Hanlon had the knowledge, expertise, and experience to handle this problem. Approximately 4 weeks from an initial conference with Mr. Hanlon, we received a call with the news that a letter of release was being issued and the case was being dropped. Now my family member can finally exhale, take a deep breath, and go on with his life. Thank you, William! Jerry
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse