Child pornography is defined as sexually explicit conduct by a child, in a photograph, motion picture, representation, or presentation. Additionally, where the photograph, motion picture, representation, or presentation focuses on the genital or female breast area of a minor and/or the pose is sexual in nature, it constitutes child pornography.

Under the State Statute, Possession of child pornography is a 3rd degree felony punishable by up to 5 years in prison for each photo in possession of the subject, and duplicates can be charged.

When defending a child pornography allegation, the government has the burden of proof beyond and to the exclusion of all reasonable doubt. In order to meet that burden the government must prove that the subject was in possession of the child pornography. Often time’s computers are shared among individuals within a location and it is not always clear who the user is. Depending on certain circumstances and data, it is not always possible to pinpoint the user.

Once the government can identify the user, the next step in meeting the burden of proof is proving that the evidence is what the government purports it to be – child pornography. What the government will generally do in order to meet this burden is simply show the image to the trier of fact, and play on the graphic nature of the image. The image simply needs to be of a minor and sexually explicit or the focus of the image must be lewd and lascivious.

Following that, the government may or may not choose to prove that the images are in fact real and not computer generated. This may be accomplished in various ways, either via experts; witnesses who have meet the individuals who are depicted in the image, or the individuals in the images.

Additionally, the government may call a medical expert to testify that the individual in the image is a minor based on medical physiology.

There are a lot of different avenues that can be explored when trying to defend a possession of child pornography case. Don’t delay; let an experienced former CYBER CRIME prosecutor help protect your good name and reputation. Call today or contact us online for a FREE CONFIDENTIAL CONSULTATION.

For more information, see Florida Statute 775.0847:  Possession or promotion of child pornography