Transmission of Child Pornography by Electronic Device

Criminal cases are so diverse and varied that the system divides up different criminal offenses into separate categories. Drug crimes range from simple possession all the way up to trafficking in controlled substances. Violent offenses can range from a simple assault to first degree capital murder. And sex offenses can range from indecent exposure to sexual battery. All of these criminal offenses carry different elements and different penalties depending on the seriousness of the case and the whims of the judges and prosecutors. Each category of criminal offenses requires a different skill set and a different point of view to litigate.

Unique to the category of sex offenses are child pornography crimes. Child pornography offenses are unique among almost all crimes in that they are usually nonviolent and committed by offenders with little or no criminal history. Yet those charged and convicted of child pornography offenses often face significant prison sentences and the potential of lifelong sexual registration. The harsh treatment of child pornography offenders arises from the fact that child victims are involved in the involuntary production of child pornography. The desire for child pornography materials by offenders directly drives the production of the materials. Because of the serious penalties, if you or a loved one are facing any child pornography offenses, you should contact a dedicated Sarasota criminal defense lawyer immediately. 

Transmission of pornography is punished under Florida Statute 847.0137. Under the statute, a person may not transmit child pornography materials to another person within the state while using the internet via an electronic device. This statute is in place to target offenders who transmit child pornography materials via electronic means instead of physically. The crime can be charged either against a person within the state of Florida who transmits child pornography within or outside the state, or against a person outside of Florida who transmits child pornography electronically to a person within the state. Statutes like this one began to pop up with the advent of the internet because so many child pornography offenses were occurring via internet downloads and exchanges.

Convictions for transmission of child pornography carry a maximum penalty of five years in prison. This might seem tame in comparison to the penalties doled out on more serious sex cases, but other statutes within the law authorize the State Attorney to file and individual count of a child pornography crime for each and every individual image and video. Because most child pornography cases involve hundreds or thousands of images, the potential penalties for this offense can balloon. To avoid the most serious penalties facing defendants in sex cases, anyone accused should immediately consult with an experienced Sarasota criminal defense lawyer.

The attorneys at Hanlon Law are have the skills and diligence to dive deep into your case and uncover the best defense available. Our lawyers have handled a myriad of sex-based cases including complex child pornography prosecutions. That experience has allowed us to build relationships with the prosecutors handling serious sex cases and to earn their respect. When prosecutors see that the lawyers at Hanlon Law are representing a defendant, they know that they are dealing with defense lawyers who won’t back down but who will fight for their clients. If you are looking dedicated Sarasota criminal defense lawyers, look no further.

No matter what criminal charges you might be up against, you should never try to face them alone. Having a respected criminal defense attorney on your team can make all the difference in your case. You should retain a lawyer that has the critical skills to achieve the best results for you. You should be searching for lawyers who can quickly and effectively evaluate the strengths and weakness of your case, who will then exploit the strengths and shore up the weaknesses. We are those lawyers. Consult with us today at 941.462.1789.