Naples Child Pornography Lawyers

Naples child pornography lawyers banner image Under Florida Stat. 827.071, a person can be convicted of possessing child pornography in Naples if he or she knowingly controls, views, or possesses images depicting a child engaged in sexual conduct, which applies to photos, movies, images, data files, computer depictions, and any other presentation. To be considered sexual conduct for the purposes of Naples and Florida law, the activities depicted involve:
  • Actual or simulated sexual activity
  • The lewd exhibition of the genitals
  • Actual physical contact with a person’s genitals, pubic area, buttocks, or female breast whether clothed or unclothed if done with the intent to gratify sexual desire
  • Bestiality
  • Masturbation
  • Sadomasochistic abuse
  • Any act that constitutes or simulates sexual battery
The law also requires proof that a defendant knowingly possessed or intentionally viewed a pornographic image depicting a child before a person can be convicted. This helps prevent prosecution of those who use a shared computer and so weren’t responsible for the downloading of the images or those who purchase used computers. Proof of intentional viewing requires more than just a demonstration that a person viewed a single image. Instead, prosecutors must prove that the defendant purposefully and voluntarily viewed multiple images over a period of time.

Separate Offenses Still Covered Under Child Molestation Lawyers in Naples

In Naples, Florida, the possession of each pornographic image is considered a separate and distinct crime. This means that each image of child pornography found on a person’s computer or in his or her possession can be prosecuted as a separate count. If, for example, a person had 100 images depicting sexual conduct of a child on his computer, he could be charged with 100 counts of possessing child pornography. Because the sentence for a single count is five years in prison, the individual could end up being sentenced to life in prison. Furthermore, when photos, movies, or other forms of child pornography include sexual conduct by more than a single child, then each child in the image will also be considered a separate offense.

However, defendants who are charged with four or more counts of possessing child pornography in federal court could be subject to different sentencing guidelines. For instance, unless there are reasons for reducing the sentence, judges are required to sentence those who are convicted of more than four counts of possessing child pornography in Naples to prison for at least a year.

Potential Defenses Employed by Our Naples Child Pornography Lawyers

There are a number of defenses available to those who have been charged with the possession of child pornography in Naples, including that:
  • The images in question depict those who are over the age of 18 years old, even if they appear to be minors
  • The images were sent without their consent, were immediately deleted, and the defendant was not aware that the image remained in the memory cache on their computer
  • The evidence against them was the result of an illegal search by law enforcement officers
  • They use a shared computer and did not download or view the images
  • They received the computer secondhand from a previous owner who downloaded the images without the defendant’s knowledge.
Although these defenses are available to defendants, those who are accused of child pornography-related offenses are prohibited from arguing that they believed the images depicted adults.

Other Child Pornography-Related Offenses in Naples

Although the possession of child pornography in Naples is one of the most commonly charged sex offenses involving children, there are a few other crimes that fall under this broad category. For instance, a person can be charged with using a child in a sexual performance if he or she authorized, employed, or induced a minor to engage in a sexual performance. This also applies to the parents of the minor if they permitted their child to participate. Using a child in a sexual performance is a second-degree felony and is punishable by up to 15 years in prison. Those who direct or produce child pornography can be charged with promoting a sexual performance, which is also a second-degree felony.

Sex Offender Registration in Naples

Child pornographers in Naples are also designated as sex offenders. This means that they must comply with a series of strict rules for the remainder of their lives. This includes registering with the local sheriff at least twice a year, providing local law enforcement with their contact information, fingerprints, and photographs, as well as their vehicle registration information. They are also prohibited from working with children and may be restricted from living within a certain distance of a school. Any changes of address or vehicle must immediately be reported to the sheriff’s department and the DMV.
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