Combating Charges Of Creating And Distributing Pornography
One mistake. One moment of weakness. One misunderstanding. All it takes is once for you to be faced with devastating criminal charges related to the creation and distribution of pornography.
If you are under investigation or you have been arrested, your rights, your reputation and your future hang in the balance. What makes this even more tenuous is that there is not widespread agreement on what exactly pornography is.
Supreme Court Justice Potter Stewart’s famous definition of pornography in 1964 often seems to apply in cases of alleged child pornography creation and distribution. “I … know it when I see it,” he said.
At The Mercy Of Another’s Eyesight Is Not A Good Place To Be
Prosecutors who see child pornography contend that it is clearly recognizable. Laws in Florida and federal laws describe the characteristics of child pornography and sexual exploitation of children in great detail. At Mark J. O’Brien, in Tampa and Orlando, our criminal defense attorneys understand these laws clearly and the implications of an arrest for any type of sex crime.
Attorney Mark J. O’Brien is a former prosecutor who has handled thousands of criminal cases on both sides of the bench. He has also been named among the Top 40 Under 40 Trial Lawyers in Florida by The National Trial Lawyers. Call 813-440-2347 for help.
Serious Creation Charges Can Stem From A Mistake
Some people create child pornography by recycling images obtained on the Internet. In some cases, the child subjects were photographed in other countries and are now adults. In other cases, it could be nude photos of your children in the bathtub that you wanted to share with family and friends.
In the eyes of the law, anyone who creates, downloads, possesses or distributes these images may be guilty of child pornography crimes. Cropping and altering such images using computer software programs like Photoshop may be considered creating child pornography. Distribution charges can come from:
- File sharing
- Sending images or links to online friends
- Trading or giving away pornographic images of minors
Florida law imposes severe penalties for conviction, including up to 15 years in prison and a $10,000 fine, depending on the specific facts involved. Habitual offenders may be sentenced to up to 30 years in prison. Importantly, each offense is charged individually, which could compound prison sentences and fines.
You Need A Lawyer’s Help
Whatever the specifics in your case, you need to know that if you are convicted, the life of freedom as you have known it may well be over. It is worth your best efforts to protect your future. This means finding the best defense attorney available.
We can determine if police violated your Fourth Amendment rights and subjected you to an illegal search and seizure. If police did not have probable cause to search your computer before your arrest, we may be able to have evidence or the charges dismissed. Computer forensics may also help refute any evidence put forth by law enforcement agents.