Possession of Child Pornography

Possession or viewing of material depicting a minor engaged in any sort of sexual conduct is a felony under both state and federal laws. These laws are generally referred to as Possession of Child Pornography. The law applies to photographs, videos, or even computerized depictions. Each individual image of child porn can be charged as a separate offense which can expose an accused individual to extremely long prison sentences. If you are charged in Federal court, every video is automatically counted as 75 pictures for sentencing purposes. If there are multiple children depicted in the pornographic material, then the government can charge separate offenses for each child depicted.

Under Florida law, Possession of Child Pornography is a third degree felony. That means that if someone is convicted, they can be sentenced up to 5 years in prison, 5 years of sex offender probation, and up to a $5,000 fine for each offense charged.

Under federal law, a first time offense for Possession of Child Pornography is a felony that is punishable by up to 10 years in federal prison for each charge. The actual sentence can vary widely depending on a variety of factors, including: circumstances and facts of the case, acceptance of responsibility, criminal history, and mitigation. A second or subsequent conviction is punishable by up to 20 years in a federal penitentiary, and requires a mandatory minimum sentence of 10 years in prison.

A conviction for Possession of Child Pornography in either state or federal court requires registration as a sex offender, even for a first time offender. Repeat offenders can even be required to register as a sexual predator, and possibly become involuntarily civilly committed to a state hospital for an indefinite amount of time under a law formerly known as the "Jimmy Ryce Law".

If you or someone you know has been accused of possessing child pornography it is extremely important that you immediately talk to an experienced attorney. Our lawyers at Lindsey & Ferry, P.A., are experienced in defending clients accused of possessing child pornography, and stand ready to help you with your case. Please call the attorneys at Lindsey & Ferry, P.A., to schedule a consultation.