Under Florida’s statutes 847.001(3), youngster pornographic material is defined as an image that depicts that a person below the age of 18 engaged in sexual conduct. Sexual conduct amounts to any kind of sexual activity including actual or simulated sexual intercourse, or any conduct or action which constitutes or simulates sexual battery. In West Palm Beach,, it is illegal to engage in the manufacture, possession, transmission or distribution of youngster pornographic material. Often, those charged with child pornography are close to the child such as family members or people with responsibilities over the child such as babysitters.
Florida’s statutes 847.0135, 847.0138 and 827.071 prohibit the possession, distribution, transmission and the manufacture of youngster pornographic material. Penalties differ depending on the type of youngster pornographic materialoffense. In West Palm Beach, Florida, the possession, control or intentional viewing of child pornography amounts to a third-degree felony. When the video or photography has images of more than one child, each child viewed amounts to a separate offense. Such an offense can be punished by any combination of a fine of up to $5,000, up to five years’ imprisonment or up to five years’ probation.
Even more, severe is the possession with the intent of promoting youngster pornographic material. Promoting is defined as the selling, sharing, lending or distribution of the materials. Evidence of the intent is found when one is found in possession of three or more copies of the same image. In West Palm Beach, Florida, possession with intent to promote youngster pornographic material amounts to a second-degree felony. Manufacturing, directing, filming, recording or producing child pornography is a second-degree felony. The second-degree felony also includes the inducement or authorization of a child to engage in the production of youngster pornographic material. Committing a second-degree felony will amount to a combination of imprisonment of a maximum of fifteen years, probation of a maximum of fifteen years and a fine of up to $10,000. More severe charges are subjected to repeat offenders and those with past felony convictions. In Florida, it is required that the youngster pornographic material offenders register as sex offenders with the Florida Sexual Offenders Database.
When Federal Law Applies
Federal law is applicable whenever the transmission, sale, possession, production or distribution of youngster pornographic material affects foreign or interstate commerce. This applies to images that are transmitted across state lines or when materials that have crossed state lines are used in the production of youngster pornographic material. If the internet is used to send a pornographic image to a person in another state, federal law will apply. When the image is sent to a person in the same state, while the internet server is in another state, federal law will also apply.
In West Palm Beach, Florida, mistake or lack of knowledge regarding the age of a child is not a defense to child pornography. Entrapment is a possible defense if the offender can prove that they had no predisposition to commit the crime if the entrapment had not occurred. Another possible defense can apply when more than one person had access to a computer that possessed or was used view child pornography. It is a tough task to prove who exactly was at the computer committing the acts that are related to child pornography.