ARRESTED? INVESTIGATED? ARRESTADO? INVESTIGADO?
Florida state law has zero tolerance if you have committed sex crimes against children in Miami. This doesn’t have to involve actual sexual contact with a minor under 18 years old. If you have in your possession just a single picture or video of a minor taking part in a sexual act you face a high chance of being charged with child pornography.
Any kind of sexual act with or against a child under 18 years old is classified as a child pornography crime too. Under Florida law children under 18 years aren’t considered capable of consenting to sexual acts,so the penalties for these crimes are harsh.
Many people don’t realize how serious child pornography is but we at the law office of Miami Criminal Defense Lawyers Albert Quirantes, know that every incidence of child pornography has a story behind it and you will have yours. We are prepared to listen to you and work out an
aggressive defense so you don’t get prosecuted for a crime you didn’t commit.
It may be you were typically in the wrong place at the wrong time and were implicated in an act of pornography when you shouldn’t have been. Prosecutors rarely give those charged with child pornography the benefit of the doubt. We value your freedom as much as you do and we will diligently defend you so you either avoid conviction or help to get you a lesser penalty than the prosecutor may want.
Acts of child pornography
If you are caught distributing child pornography, either through the mail or over the internet, the penalties are severe. Florida Statute § 827.071 states that you can be found guilty of a child pornography offense if the state proves that you:
• Use, employ, authorize, or induce a child who is less than 18 years old to take part in a sexual act or you are a parent, legal guardian, or have custody of a child and you give consent for the child to take part in a sexual act. This is classified as a 2nd degree felony.
• Produce and share a sexual act performed by a child less than 18 years old, this is classified as a 2nd degree felony.
• Possess any photo, motion picture, exhibition, show or any other presentation which includes any sexual actcarried out by a child and you promote this material to others this is classified as 2nd degree felony.
• Knowingly possess, or intentionally view an image, motion picture, show, representation, data or computer image, which includes a sexual act conducted by a child, this is a 3rd degree felony.
Penalties for child pornography
• A 2nd degree felony attracts a prison term of up to 15 years and fines up to $10,000.
• A 3rd degree felony attracts a prison term of up to 5 years and fines up to $5,000.
• Registration as a sex offender in the Florida Sex Offender Database may also be required which could last the remainder of your life.
It’s not just the penalties themselves that can have a severe effect on your life but there are other damaging consequences,such as difficulty obtaining employment and not being allowed in the presence of children. It is in your interests to be represented by an effective and experienced Miami criminal defense attorney. You can contact the law office of Albert Quirantes Esq. Criminal DUI & Ticket Lawyers at 305-644-1800.