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Child Pornography Charges

The presumption of innocence is considered a cornerstone of the criminal justice system in the United States, yet many alleged offenders immediately feel as though they are instead presumed guilty and needing to prove their innocence when charged with any kind of offense related to child pornography. Both the state and the federal government impose strict penalties on people who are convicted of these types of offenses.

Any kind of child pornography charge can place an enormous strain on the personal and professional lives of an individual, even though many people are guilty of nothing more than opening emails or clicking links that contained offensive material. In January 2011, a 58-year-old Florida man was investigated for child pornography when it turned out that another individual downloaded 10 million files of child pornography from a boat in the nearby marina using the man’s unsecured router.

Lawyer for Child Pornography Charges in Miami, FL

Were you arrested or do you believe that you might be under investigation for an alleged child pornography offense in South Florida? Do not say anything to authorities without legal representation. Contact Hubbs Law as soon as possible for help protecting your rights.

E.J. Hubbs is a criminal defense attorney in Miami who represents clients accused of sex crimes in Aventura, Homestead, Miami Gardens, Hialeah, Cutler Bay, and many surrounding towns, villages, and unincorporated areas in Miami-Dade County. He can provide an honest and thorough evaluation of your case as soon as you call (305) 615-5945 to schedule a free, confidential consultation.


Overview of Child Pornography Charges in Miami-Dade County


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Florida Penalties for Child Pornography Charges

Florida Statute § 847.001(3) defines child pornography as “any image depicting a minor engaged in sexual conduct.” A minor is defined under Florida Statute § 847.001(8) as “any person under the age of 18 years,” while Florida Statute § 847.001(16) defines sexual conduct as being any of the following:

Under state law in Florida, each photograph or image involved in a Florida child pornography case is treated as a separate offense. The specific crimes alleged offenders may be charged with may include:


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Federal Child Pornography Charges

Because many cases of child pornography involve images sent and received through the internet, such transmissions can be legally interpreted as having crossed state lines and conduct in violation of the Commerce Clause of the United States Constitution. When this occurs, child pornography cases fall within federal jurisdiction.

Federal child pornography cases carry even steeper penalties than similar offenses tired in state courts. Some of the federal laws applicable to child pornography offenses include:


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Florida Resources for Child Pornography Charges

Florida Department of Law Enforcement (FDLE) | Child Pornography — The FDLE is a state government agency that handles a wide variety of crimes and assists local law enforcement agencies with various offenses. On this section of its website, you can learn more about state laws relating to child pornography and find several helpful links. You can also learn what to do if you find a website that contains images of child pornography or receive child pornography by email or in any other manner.

Citizen's Guide to United States Federal Child Pornography and Exploitation Laws — Visit this section of the United States Department of Justice (DOJ) website to view summaries of federal laws pertaining to the Child Exploitation and Obscenity Section (CEOS) of the Criminal Division. You can find a citizen's guide to U.S. federal law on child pornography as well as answers to frequently asked questions. Visitors can also learn how to report an incident involving the possession, distribution, receipt, or production of child pornography.


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Hubbs Law | Miami Child Pornography Charges Attorney

If you think that you could be under investigation or you were arrested in South Florida for an alleged child pornography offense, it is in your best interest to immediately retain legal counsel. Hubbs Law can fight to help you achieve the most favorable outcome to your case, including possibly getting the criminal charges reduced or dismissed.

Miami criminal defense lawyer E.J. Hubbs represents clients throughout the greater Miami-Dade County area, including Miami Beach, Doral, Miami, Coral Gables, Palmetto Bay, several surrounding communities. Call (305) 615-5945 or fill out an online contact form right now to receive a free consultation that will allow our attorney to review your case and answer all of your legal questions.


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