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Brooksville, FL 34601

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Child Pornography

The mere accusation of any criminal offense relating to child pornography can be incredibly damaging for an individual. Even though people are entitled to a presumption of innocence, alleged offenders who have been arrested or are even under investigation for alleged child pornography crimes can immediately feel the judgment of friends, family, and co-workers.

Child pornography crimes are felony offenses in Florida, and prosecutors aggressively seek maximum punishments for alleged offenders. Many innocent people inadvertently download files containing pornographic material, and several others are accused of these crimes as the result of other parties utilizing shared computers or Wi-Fi passwords.

Attorney for Child Pornography Arrests in Brooksville, FL

Were you arrested or do you believe that you could be under investigation for an alleged child pornography crime in Central Florida? Do not say anything to authorities without legal counsel. Contact Ashley M. Aulls, P.A. as soon as possible.

Ashley Aulls is an experienced criminal defense lawyer in Brooksville who represents clients facing sex crime charges in communities all over the Hernando County area, including Wildwood, Brooksville, Weeki Wachee, New Port Richey, Inverness, Spring Hill, and many others. Call (352) 593-4115 to have our attorney provide an honest and thorough evaluation of your case during a free initial consultation.


Overview of Child Pornography Crimes in Florida


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Child Pornography Charges in Hernando County

Florida Statute § 847.001(3) defines child pornography as “any image depicting a minor engaged in sexual conduct.” A minor is any person less than 18 years of age and Florida Statute § 847.001(16) defines sexual conduct as being “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.”

Criminal charges relating to child pornography offenses are usually established under either Florida Statute § 827.071 or Chapter 847 of the Florida Statutes relating to obscenity crimes. All of the following are third-degree felony offenses:

  • Florida Statute § 827.071(5) — Knowingly possessing, controlling, or intentionally viewing a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, an alleged offender knows to include any sexual conduct by a child. Each photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation is a separate offense, and any photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation that includes sexual conduct by more than one child is a separate offense;
  • Florida Statute § 847.0135(2) — Knowingly compiling, entering into, or transmitting by use of computer; making, printing, publishing, or reproducing by other computerized means; knowingly causing or allowing to be entered into or transmitted by use of computer; or buying, selling, receiving, exchanging, or disseminating any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct; and
  • Florida Statute § 847.0138 — Knowing or believing that an alleged offender was transmitting an image, information, or data that is harmful to minors to a specific individual known by the alleged offender to be a minor.

All of the following are second-degree felony offenses:

  • Florida Statute § 827.071(2) — Knowing the character and content thereof, employing, authorizing, or inducing a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consenting to the participation by such child in a sexual performance;
  • Florida Statute § 827.071(3) — Knowing the character and content thereof, producing, directing, or promoting any performance which includes sexual conduct by a child less than 18 years of age; and
  • Florida Statute § 827.071(4) — Possessing with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child (possession of three or more copies of such photograph, motion picture, representation, or presentation is prima facie evidence of an intent to promote).

All of the following are first-degree felony offenses:

  • Florida Statute § 847.0145(1) — Being a parent, legal guardian, or other person having custody or control of a minor, selling or otherwise transferring custody or control of such minor, or offering to sell or otherwise transfer custody of such minor, to either with knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or with intent to promote either the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct or the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.
  • Florida Statute § 847.0145(2) — Purchasing or otherwise obtaining custody or control of a minor, or offering to purchase or otherwise obtain custody of such minor, to either with knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or with intent to promote either the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct or the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

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Brooksville Child Pornography Penalties

Child pornography crimes can carry steep sentences in Florida. The possible statutory maximums for felony offenses are as follows:

  • Third-Degree Felony — Up to five years in prison and/or fine of up to $5,000;
  • Second-Degree Felony — Up to 15 years in prison and/or fine of up to $10,000;
  • First-Degree Felony — Up to 30 years in prison and/or fine of up to $10,000;

Because each photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation is treated as a separate offense, alleged offenders can easily face potential sentences that essentially last for the remainder of the lives. For example, a person accused of a third-degree felony offense involving 10 separate instances of child pornography could be sentenced to as much as 50 years in prison.


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Florida Resources for Child Pornography Crimes

Florida Department of Law Enforcement (FDLE) | Child Pornography — The FDLE created the Florida Computer Crime Center (FC3) “with a statewide mission to investigate complex computer crimes, assist with regional investigations, train investigators, disseminate information to the public, and proactively work to identify and prevent future crimes.” On this section of the FDLE website, you can learn more about state laws relating to child pornography and what to do if you receive child pornography or find a website that contains images of child pornography. The website also has information about keeping children safe online.

Wireless router hijacked for child pornography — The Herald-Tribune reported in January 2011 that a Florida man had computer equipment in his 12th story condo searched by a dozen armed FBI agents investigating child pornography images that “were flowing through” his wireless Internet connection. The captain of a yacht moored in the marina within view of the man’s building later told investigators he had more than 10 million files of child pornography photos and videos on his computer. FBI agents told the Herald-Tribune said the alleged offender “used several unsecured, non-password protected wireless networks near the boat.”


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Ashley M. Aulls, P.A. | Brooksville Child Pornography Defense Lawyer

If you think that you might be under investigation or you were arrested in Central Florida for any kind of alleged child pornography crime, it is in your best interest to immediately seek legal representation. Ashley M. Aulls, P.A. defends individuals all over Citrus County, Sumter County, Pasco County, and Hernando County.

Brooksville criminal defense attorney Ashley Aulls can review the evidence against you as well as how it was obtained and fight to possibly have your criminal charges minimized or eliminated. He can review your case and discuss all of your legal options when you call (352) 593-4115 or complete an online contact form to take advantage of a free, confidential consultation.


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This website was created solely for general information purposes. It is not intended to provide official legal counsel for any situation. Only a licensed attorney in Florida can provide you with official legal guidance after learning the details surrounding your case. Contacting Ashley M. Aulls, P.A. through e-mail, fax, phone, or other medium, does not form an attorney-client relationship.