Miami Child Pornography Lawyer

Experienced Miami Child Pornography Attorney

If you are looking for a Miami child pornography lawyer, you might already be aware that allegations related to child pornography are among the most vigorously prosecuted cases in both state and federal courts. Child pornography is frequently referred to in older state and federal statutes, but it is more accurately described as child sexual abuse material (CSAM) today. An investigation can have serious legal and personal consequences. These charges fall under a larger group of offenses, so it helps to have a Miami sex crime lawyer who knows how these cases are built and defended.

Why Choose The Kirlew Law Firm?

The Kirlew Law Firm handles complex criminal cases throughout Florida, including serious felony and federal matters. Our founding attorney, Brian Kirlew, is a board-certified criminal trial lawyer, a designation earned by less than 2% of the state’s attorneys. Across his career, he’s led more than 5,000 cases to trial, completed 65 jury trials, and conducted over 7,500 depositions. 

The firm’s experience includes handling cases involving digital and electronic evidence, internet crimes, and other matters prosecuted in state and federal courts.

Understanding CSAM Charges

Even though many Florida state statutes still reference child pornography, many courts, prosecutors, and advocacy organizations prefer the term “child sexual abuse material (CSAM)” because they believe it more accurately reflects the nature of the material, which involves the abuse or exploitation of children, rather than pornography that is produced consensually by adults. 

In essence, a child pornography case usually stems from accusations that someone held, sent, shared, created, or advertised illegal pictures or movies showing minors in sexual situations. Investigators often zero in on devices like:

• Computers
• Smartphones
• Cloud storage
• External drives
• Messaging apps
• Peer-to-peer file-sharing systems

It is important to know that many investigations begin without an arrest. Service providers, technology companies, or the National Center for Missing & Exploited Children may submit reports to law enforcement agencies regarding material that they believe to be illegal.

Out of the 2,773 cases in Florida reported to the United States Sentencing Commission, 4.9% were for child pornography-related cases, which totaled 137 cases.

Florida Child Pornography Laws 

Prosecutors can pursue charges under several statutes, with the exact ones depending on the alleged conduct. Two important laws to know are the following: 

• Florida Statute § 827.071 makes it illegal to possess, promote, transmit, produce, or direct the sexual performance of a child. This is a broad statute that contains numerous offenses. It includes several felony classifications, depending on the conduct in question.
  
• Florida Statute § 847.0137 generally prohibits the transmission of material harmful to minors and certain electronic communications with a minor. The facts of a particular case may also support charges involving online communications, solicitation of a minor, or other forms of exploitation. 

Many cases also involve potential violations of federal child pornography laws, which may apply when the alleged conduct involves interstate communications, crosses state lines, or occurs through online file sharing. 

Potential Penalties in a Child Pornography Case

Being convicted of child pornography is a serious matter. A person can face severe penalties, including:

• Lengthy prison sentences
• Fines
• Lifelong registration on the sex offender registry
• Internet restrictions
• Issues finding employment
• Restrictions on where a person can live

The severity of the penalties hinges on:

• The exact crime
• The volume of material found
• The defendant’s past record
• Whether the case is handled at the state or federal level

Felony criminal cases are prosecuted in the Circuit and County Courts in Miami-Dade County, many of which are heard at the Richard E. Gerstein Justice Building, 1351 NW 12th Street, Miami, FL 33125. If federal charges are filed, the case may be heard at the Wilkie D. Ferguson Jr. United States Courthouse, 400 North Miami Avenue, Miami, FL 33128.

What to Do During a Child Pornography Investigation

If investigators contact you regarding alleged CSAM offenses, preserve any documents or electronic devices that may become relevant to the investigation. Avoid deleting files, changing electronic records, or trying to get rid of any devices, as doing so could lead to further legal trouble. If officers execute a search warrant, be sure to carefully review the warrant, and do not interfere with the search. 

It is important to know the allegations and preserve any potential evidence to protect your rights. Hire a child pornography lawyer right away. Hiring an experienced Miami child pornography attorney early can enable them to identify important legal issues as the case moves through the criminal justice process. 

FAQs

What Is the Difference Between Viewing and Possessing?

The legal difference between viewing and possessing illegal CSAM varies by the facts and the law. In some cases, merely viewing the images online could cause temporary files to be stored on a device. Possession is commonly defined as knowingly exercising control over the material. Digital forensic evidence may be used by investigators to determine how files are accessed and stored.

Can You Go to Jail for Watching Inappropriate Videos?

You may go to jail for watching inappropriate videos, depending on the nature of the videos. In a CSAM case, someone who views the material may become subject to criminal liability at the state or federal level, depending on the facts. When deciding a case, prosecutors weigh factors like the individual’s awareness of the content, the acquisition method, and any storage or distribution. The facts of each case determine whether any charges are filed.

Can You Get in Legal Trouble for Searching for Child Pornography?

Yes, if you search for child pornography, you could be subject to a federal investigation. Investigators may open a criminal investigation if they believe that someone is intentionally searching for CSAM to access or obtain illegal material. A person’s internet search history may be a part of the evidence that is obtained during an investigation. 

Whether criminal charges are appropriate is determined by the totality of the evidence gathered during the investigation. 

When Did Child Pornography Become Illegal?

Federal laws addressing child pornography can be traced to the late 1970s, when Congress passed the Protection of Children Against Sexual Exploitation Act of 1977. This was one of the first major federal criminal statutes to address the sexual exploitation of children for pornographic purposes. 

Congress and state legislatures have since frequently expanded the scope of such laws to address digital images, internet usage, artificial images, and other technological advances.

Hire a Child Pornography Lawyer

Being accused of child pornography is a serious issue. At The Kirlew Law Firm, we can defend you against these accusations. Contact us today to speak with an attorney.