Miami Child Pornography Defense Attorney
Criminal Defense Lawyers in Miami Representing the Rights of Individuals Accused of Crimes Related to Child Pornography
Sexual offenses involving minors are some of the most severely punished crimes in American society. With the rise of the internet, child pornography has become more readily accessible and transmittable. This means that there are far more potential defendants who could face decades in prison as the result of creating, sending, receiving, or facilitating the sharing of online child pornography. They also face sex offender registration, fines, mandatory counseling, and other lifelong consequences. This is why it is so important for defendants facing child pornography charges or other computer crimes to be represented by an experienced criminal attorney who understands how to handle sex crimes cases.
At Stroleny Law, P.A., Julian Stroleny is an experienced Miami criminal defense attorney who has handled sex crimes cases across Florida. He knows how to protect a suspect’s rights during both investigation and formal case proceedings in criminal court. Call (305) 615-1285 today to schedule your free phone consultation. The sooner you have an aggressive attorney fighting for you, the better protected your legal rights will be.
Defining the Crimes Associated with Child Pornography
Section 847.001 of the Florida Statutes defines child pornography in relatively simple terms: it is any image depicting a minor engaged in sexual conduct. Section 847.0137 of the Florida Statutes criminalizes the act of transmitting child pornography and classifies this act as a third-degree felony. Transmitting is defined as sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device. The Statute criminalizes both persons in Florida who transmit child pornography and persons in other places who transmit child pornography to a person in Florida. It covers both known transmissions and those who “reasonably should have known” that they were transmitting child pornography into Florida. These definitions cast a wide net. By broadly defining what child pornography is, who can be prosecuted for transmitting it, and who should have known they were transmitting it, the statute allows for prosecution in a wide variety of situations.
Section 847.0135 of the Florida Statutes is known as the Computer Pornography and Child Exploitation Prevention Act. It prohibits the use of online services to seduce, solicit, lure, or entice a child to commit an illegal sexual act, or to otherwise engage in any unlawful sexual conduct with a child. It also prohibits the enticement of a parent, legal guardian, or custodian of a child to consent to the participation of such child in any illegal sexual act. These crimes are classified as third-degree felonies. These provisions are designed to prevent the creation of child pornography before it can be transmitted at all.
The Collateral Consequences of a Conviction for Child Pornography
Section 775.021 of the Florida Statutes contains the Florida Sexual Predators Act. The Act sets forth provisions for the court to designate a defendant as a sexual predator upon conviction of specified sexual offenses – including the possession or distribution of child pornography. Sexual predators must register with the Florida Department of Law Enforcement. The statute further requires that the community and public be made aware of the presence of a sexual predator in the area. This is why many sexual predators must knock on doors, distribute fliers, and use other methods of notifying their neighbors of their presence. The simple act of finding somewhere to live becomes a major challenge. The logistical barriers (such as not living too close to a school or day care center) and financial barriers (such as being able to secure employment away from children, or finding a lender that will issue a mortgage to a felon) make it difficult – if not impossible – to find anywhere to live. Most sex offenders are subject to a period of intense supervision with counselors, caseworkers, and other professionals who closely monitor every aspect of the probationer’s life. Many defendants find that being on the sex offender registry is more punitive and prohibitive than being in prison.
As discussed, employment and housing are major problems for any felon (particularly if he or she is also listed on the sex offender registry). Some jobs are simply excluded by the terms of the defendant’s plea agreement or probation. Such documents obviously preclude working with children directly (as in a school or day care facility), but they often preclude employment in places where children might be, as well. This could prevent a sex offender from working in a retail store or other public location. Some sex offenders are able to work in bars, construction sites, and other places where children cannot be. Of course, even if a sex offender finds a place where he or she is permitted to work, many employers are reluctant to hire felons (especially those who are also subject to sex offender registration). Lack of employment leads to a lack of money, which can make it difficult to pay rent or a mortgage. This is, of course, in addition to the difficulty of finding housing that is available to a registered sex offender. Again, many rental complexes have children about, and a sex offender may be prohibited from living there. Landlords and lenders will almost always ask about applicants’ criminal histories, and the terms of sex offender registration often require registrants to disclose this information affirmatively.
Sex offender registration is a serious consequence that permanently affects a person for the rest of his or her life. It is crucial that defendants consult with an experienced sex crimes attorney to prevent unfair convictions that can ultimately lead to a devastating placement on the sex offender registry.
Call Us Today to Schedule a Free Case Evaluation with a Miami Child Pornography Defense Attorney
Sex crimes are some of the most serious charges a person can face. They carry some of the longest prison terms of all Florida crimes, and they can subject a defendant to devastating lifelong consequences (such as being on the sex offender registry). It is important for all defendants facing charges of a sex crime to be represented by an experienced Miami criminal defense attorney who understands the unique nuances of sex crimes cases. The experienced criminal defense attorney at Stroleny Law, P.A. can help protect your constitutional rights at all stages of a criminal investigation, criminal case, sentencing, or appellate procedures. He can help fight to dismiss charges that are not supported by the evidence or fight to exclude evidence from trial if it was seized illegally. Call (305) 615-1285 or contact us online to schedule a free consultation as soon as possible.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.