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Crimes involving minors are always taken extremely seriously, and crimes involving child pornography are no different. If you’ve been charged with a crime relating to child pornography, contact Hanlon Law today to get started on your best possible defense.
Legally speaking, child pornography is a broad phrase that includes basically any content that depicts (or is meant to depict) a minor in a sexually explicit manner. “Content,” in this case, can include anything from images, renderings, videos, GIFs, audio files, books, magazines, and more.
Child pornography does, of course, encompass what you would immediately think of: content that involves a minor performing, receiving, or otherwise engaging in various sexual acts (such as masturbation, simulated sex, actual penetrative sex, oral sex, etc). But it also includes less explicit content, such as content depicting inappropriate touching. “Inappropriate touching” is defined as any contact with so-called “private” areas, including the buttocks, breast, pubic area, or genitals, whether clothed or unclothed.
The law does differentiate child pornography that involves inappropriate touching with child erotica, which is any content that involves an unclothed or partially-clothed minor in sexually suggestive positions and/or engaging in sexually suggestive acts.
It’s important to note that sexually explicit material that has been altered to depict a minor, even if the actual individual in the content is not themselves a minor, is also considered child pornography by Florida law.
A minor is any person who is not old enough to be considered an adult by law. On the Federal level, that age is 18 years old, and so no state may have a lower age of adulthood.
Some states do, for some sex crime cases, define a separate “age of consent,” in which someone who is legally a minor by federal standards is still considered capable of consenting to sexual acts. The most common ages of consent are either 16 or 17 years of age.
The state of Florida, however, makes no such distinction, and follows the federal definition of a minor being anyone under the age of 18.
Child pornography charges are any charges relating to child pornography. Federal law prohibits the “creation, distribution, transmission, and possession” of child pornography in any form. Anyone who violates one or more of these prohibitions can be charged with child pornography.
Of course, a wide range of behaviors fall under this description. This includes everything from simply owning a physical picture or digital file of child pornography to actively participating in sexual acts with a minor that are then recorded or photographed for the purposes of child pornography production.
Even the mere solicitation of a minor to create and/or send content constituting child pornography falls under the “creation” part of the definition, even if that content is never made or never transmitted.
There are a range of actual charges relating to child pornography that can result from any of these behaviors. Common child pornography charges include:
There are many different actual charges that can result from any involvement with child pornography, and so there are many different sentences that may accompany those charges. However, many child pornography crimes are felonies that could result in up to 15 years in jail, along with fines up to $10,000.
Additionally, most child pornography convictions will involve mandatory sex offender registration. This is essentially a publicly-accessible list of all sex offenders in a local area, sometimes going so far as to list the sex offender’s home address. Convicted felons, especially those on the sex offender registry, can have life-long difficulty securing jobs, educational opportunities, housing, and professional licensure.
The ramifications of any involvement with child pornography are severe, but all hope is not lost. There are a variety of defenses an experienced child pornography lawyer may take. At Hanlon Law, our aggressive defense team offers nearly twenty years of experience in the courtroom. We’ll take advantage of every opportunity to advocate on your behalf and secure the most favorable outcome possible for your case.
Contact Hanlon Law today to schedule a free consultation.
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