Use of Child in Sexual Performance

It is a crime in Florida to use, authorize, employ, or induce a child less than 18 years old to engage in a sexual performance. The crime also covers any parent or guardian who allows or consents to their child engaging in a sexual performance. This crime is categorized as a second degree felony under Florida law. That means that a conviction can carry a penalty of up to 15 years in prison, 15 years of probation, and up to a $10,000 fine. A conviction for this offense can require registration as a sex offender for first time offenders. Repeat offenders can be required to register as a sexual predator, and possibly even be civilly committed to a state hospital for an indefinite amount of time under a law formerly known as the "Jimmy Ryce Law".

A conviction in federal court requires a much harsher sentence. If someone is found guilty of using, encouraging, persuading, enticing, or coercing a minor to engage in any sexually explicit conduct for the purpose of producing video or photographic images, they are sentenced as a felon under federal law. Such a conviction requires a mandatory minimum sentence of 15 years in prison, and can go as high as 30 years for each count. A second conviction requires a mandatory minimum sentence of 25 years, and can go as high as 50 years for each count. A third conviction requires a mandatory minimum sentence of 35 years, but the judge may impose a sentence of up to life in prison.

If you or someone you know has been accused of using a child in a sexual performance it is vital to your case that you immediately talk to an experienced attorney. Our lawyers at Lindsey & Ferry, P.A., stand ready to defend you against any allegations. Please call the attorneys at Lindsey & Ferry, P.A., to schedule a consultation.