Pornography Defense in Southwest Florida
There is substantial prison time at stake if you are accused of possessing, distributing or producing child pornography. Mandatory sentences may apply and prosecutors are reluctant to cut deals in these cases.
Although the law comes down hard, the prosecution has the burden of proof and a knowledgeable attorney can assert legitimate defenses. I am Charles Harris, a Fort Myers criminal defense lawyer with 30 years of experience. I have handled numerous child pornography and child sex crime cases in Southwest Florida, in state and federal courts from Sarasota to Naples. Contact me immediately if you have been arrested or questioned.
Child Pornography Charges
It is perfectly legal to download and view adult entertainment on your home computer, as long as those depicted are over 18. But any depiction of young children or minors under age 18 — sex acts or simulated sex acts — is a crime under federal laws and Florida's Computer Pornography and Child Exploitation Prevention Act. This includes still photos, videos or live performances viewed online.
Mere possession of child pornography is a third degree felony punishable by up to five years in prison — for each image. Law enforcement has broad powers to seize your computer, search your home and obtain records from your Internet provider, and the technology to recover hidden or deleted images from your hard drive.
I will exhaust all possible defenses to have charges dismissed or reduced, or to intervene at sentencing to mitigate the penalties:
- Does the image meet the statutory definition of pornography?
- Was the image sent to you unsolicited?
- Are there only one or two such images, or many?
- Was the image soon deleted, or was it saved?
- Who else may have had access to the computer to upload or download images?
- Did police lack probable cause or exceed the scope of the search warrant?
Distribution of child pornography carries a mandatory minimum of five years in prison. I work to show that you did not knowingly distribute illegal images, or that other parties downloaded "kiddie porn" through file-sharing access to your computer. Even downgrading to a possession charge would greatly reduce the punishment.
Producing child pornography carries the most severe penalties, up to life in prison. It is a high felony to participate directly in the sexual exploitation of a minor or young child. I am prepared to go to trial if necessary to fight for your freedom.
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Speaking to police or letting them search or seize your computer without a warrant is a mistake. Call the Fort Myers office of Charles M. Harris, P.A. at 239-935-5703 to discuss your rights and how I can help you avoid the worst consequences.
