TAMPA CHILD PORNOGRAPHY LAWYER
Work With An Experienced Former Prosecutor
An accusation of any child pornography crime is a serious allegation and not one that should be taken lightly. As soon as you’ve been arrested on child pornography charges, it’s imperative that you contact an experienced criminal defense attorney as soon as possible. Not only can they guide you through questioning, but they can ensure you avoid any information that could lead to a conviction.
At Buda Law, we understand the complexity and sensitivity surrounding allegations of child pornography. As a dedicated criminal defense law firm in Tampa, our main goal is to provide aggressive yet discreet legal representation to individuals accused of facing child pornography charges.
As a former prosecuting attorney, Andrew Buda uses his in-depth knowledge of federal law and Florida criminal laws to defend your rights and protect you against heinous allegations that can affect your reputation and future.
Florida Child Pornography Charges
Facing child pornography charges in Tampa is a gravely serious matter that carries severe legal and social consequences. Florida Statute 827.071 addresses child pornography and related offenses, defining illegal activities involving minors in sexual performances and the production, possession, distribution, or transmission of child pornography.
According to this Florida law, a minor is considered anyone under 18 and is categorized into offenses from third-degree to first-degree felonies based on severity. The statute prohibits possession, control, or viewing of materials depicting minors in sexually explicit conduct and outlines penalties, including promoting child pornography materials.
Possession of Child Pornography
Possessing child pornography charges refers to the illegal act of having control or ownership of materials that depict minors engaged in sexually explicit conduct. These charges can also include digital possession of child pornography, such as having files on a computer or digital device.
Production of Child Pornography
The production of child pornography is not limited to the physical act of filming or photographing but also includes directing, aiding, or consenting to the participation of a minor in sexual conduct.
Distribution of Child Pornography
Distributing child pornography is a criminal offense involving the dissemination, sale, or sharing of materials that depict minors in sexually explicit activities. This crime includes various distribution methods, including digital means like sharing files over the internet and physical distribution through videos or photographs.
Solicitation of a Child
Solicitation of a child is a criminal offense that involves communicating with a minor with the intent to engage in sexual activity or to include the minor in sexual conduct. Solicitation of a minor can consist of online communication through chat rooms, social media, text messaging, and in-person interactions.
Transmission of Child Pornography
Transmitting child pornography is the act of sending, sharing, or distributing material that depicts minors engaged in sexual conduct. This offense can involve various mediums, including the internet, digital devices, and physical media. The transmission is not limited to the act of sending these materials; it also includes making them available through digital platforms or networks.
Possession with Intent to Promote Child Pornography
Possession with intent to promote child pornography involves not only having control or ownership of material depicting minors in sexually explicit situations but also the intention to distribute, sell, or otherwise disseminate this material.
What are the Penalties for Child Pornography Crimes in Florida?
Child pornography charges carry severe penalties that vary according to the crime you’re charged with and your criminal history. Individuals accused of child pornography should remember that they can be charged for every child featured, each item, and for possessing, promoting, and creating all at the same time.
Criminal charges for child pornography offenses in Florida are listed below:
- Possessing Child Pornography: Third-degree felony punishable by five years in prison and a maximum $5,000 fine.
- Producing Child Pornography: First-degree felony resulting in a maximum 30-year prison sentence.
- Distributing Child Pornography: Third-degree felony, which can lead to five years in prison and a maximum $5,000 fine.
- Solicitation of a Minor: Third-degree felony charge resulting in up to five years in prison and a maximum $5,000 fine.
- Transmitting Child Pornography: A felony in the third degree that’s punishable by up to five years in prison and $5,000 in fines.
- Possession with Intent to Promote Child Pornography: Second-degree felony resulting in up to 15 years in prison and $10,000 in fines.
In addition to prison sentences and fines following a child pornography conviction, offenders will also be required to join the sex offender registry. Being a registered sex offender has significant implications on an individual’s life, like restricting where they can live, work, and travel.
The consequences of these criminal charges last far beyond completed prison sentences and can remain with a person for the rest of their life. The severity of these charges and their lasting impact is why it’s crucial to work with an experienced Tampa sex crimes attorney.
Federal Penalties for Child Pornography Offenses
When facing child pornography charges in Tampa, it’s important to work with an attorney familiar with both state and federal laws surrounding child pornography. Offenders can possibly face charges at the state and federal level without violating double jeopardy.
The Federal Sentencing Guidelines for child pornography include provisions for enhanced sentences if the pornographic images involve a child under 12 years old, or if the content is of a sadistic or masochistic nature. According to these federal laws, each instance of possessing a child pornographic image can lead to a minimum of five years in prison. Producing child pornography is even more severely punished, with each count resulting in a minimum 15-year sentence.
However, the actual sentence a defendant might face varies based on several factors, like whether the child pornography involves a minor aged 12 or older or a prepubescent minor.
Why You Need a Criminal Defense Lawyer
Tampa criminal defense attorney Andrew Buda has extensive experience negotiating with prosecutors, which can lead to reduced charges or alternative sentencing. His team of criminal defense attorneys will develop strategic defenses tailored to your specific case, employing tactics such as challenging the credibility of witnesses, questioning the legality of law enforcement procedures, or presenting mitigating factors that could influence the outcome of your case. This might include arguing for the inadmissibility of improperly obtained evidence or demonstrating a lack of intent.
In court, your Tampa criminal defense attorney is also your dedicated advocate, representing your interests, whether in pre-trial hearings, during negotiations, or at trial. Andrew Buda’s experience on both sides of the courtroom and in-depth knowledge of the legal system is crucial in achieving a more favorable outcome, such as charge reductions, lighter sentences, or even an acquittal. The high-stakes nature of criminal law makes the presence of a competent, experienced defense attorney essential.
Call Tampa Child Pornography Defense Attorney Andrew Buda Today
If you are facing child pornography charges in Tampa, having a knowledgeable and experienced defense attorney representing you can mean the difference between a maximum prison sentence and lesser charges. With a deep understanding of both state and federal laws, Tampa child pornography attorney Andrew Buda will work on your behalf, providing the expertise and support you need during this challenging time.
To discuss your child pornography case with an experienced criminal defense attorney, call Buda Law at (813) 322-2832 to schedule a free consultation.