- Computer pornography, Florida Statute § 847.0135 – It is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000 for an alleged offender to knowingly use a computer online service, internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child to commit any illegal act described in chapter 794, chapter 800, or chapter 827 of the Florida Statutes, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827 of the Florida Statutes, or to otherwise engage in any sexual conduct. If an alleged offender misrepresents his or her age in any violation of this statute, the offense is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000. Each separate use of a computer online service, internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.
- Selling or buying of minors, Florida Statute § 847.0145 – It is a first-degree felony punishable by up to 30 years in prison and/or a fine of up to $10,000 for any parent, legal guardian, or other person having custody or control of a minor to sell or otherwise transfer custody or control of such minor, or offer to sell or otherwise transfer custody of such minor, 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.
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 tried in state courts. Some of the federal laws applicable to child pornography offenses include:
- Obscene Visual Representations of the Sexual Abuse of Children, 18 U.S. Code § 1466A – An alleged offender can be sentenced to up to 10 years in prison and/or ordered to pay a fine of up to $250,000 for possessing a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct. Alleged offenses involving minors less than 12 years of age are punishable by up to 20 years in prison and/or fines of up to $250,000. Second or subsequent offenses are punishable by mandatory minimum sentences of 10 years up to 20 years in prison and/or fines of up to $250,000. An alleged offender can be sentenced to a mandatory minimum of five years up to 20 years in prison and/or ordered to pay a fine of up to $250,000 for producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind that depicts a minor engaging in sexually explicit conduct. Second or subsequent offenses are punishable by mandatory minimum sentences of 15 years up to 40 years in prison and/or fines of up to $250,000.
- Sexual Exploitation of Children, 18 U.S. Code § 2251 – An alleged offender can be sentenced to a mandatory minimum of 15 years up to 30 years in prison and/or ordered to pay a fine of up to $250,000 for a first offense involving a production, attempt, or conspiracy to produce child pornography. Second offenses are punishable by mandatory minimum sentences of 25 years up to 50 years in prison and/or fines of up to $250,000. Third or subsequent offenses are punishable by mandatory minimum sentences of 35 years up to life in prison and/or fines of up to $250,000.
- Selling or Buying of Children, 18 U.S. Code § 2251A – Any parent, legal guardian, or person having custody or control of a minor can be sentenced to a mandatory minimum of 25 years up to 50 years in prison and/or ordered to pay a fine of up to $250,000 for a first or second offense involving the knowing permission of such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct. Third or subsequent offenses are punishable by mandatory minimum sentences of 35 years up to life in prison and/or fines of up to $250,000.
- Certain Activities Relating to Material Involving the Sexual Exploitation of Minors, 18 U.S. Code § 2252 – An alleged offender can be sentenced to up to 20 years in prison and/or ordered to pay a fine of up to $250,000 for a first offense involving the transport, shipment, receipt, or distribution of child pornography. Second or subsequent offenses are punishable by mandatory minimum sentences of 10 years up to 40 years in prison and/or fines of up to $250,000.
- Certain Activities Relating to Material Constituting or Containing Child Pornography, 18 U.S. Code § 2252A – An alleged offender can be sentenced to up to 20 years in prison and/or ordered to pay a fine of up to $250,000 for a first offense involving the mailing, transport, shipment, receipt, distribution, or reproduction of child pornography. Second or subsequent offenses are punishable by mandatory minimum sentences of 10 years up to 40 years in prison and/or fines of up to $250,000.
Miami Lawyer for Child Pornography Charges
If you are seeking a porn attorney Miami who understands the legal landscape in South Florida, it is crucial to choose someone who is familiar with the procedures and expectations of local courts such as the Eleventh Judicial Circuit Court in Miami-Dade County. Navigating child pornography charges demands a careful evaluation of the evidence, including digital forensics, and a detailed review of law enforcement’s process for securing search warrants and handling electronic devices. These cases are often highly technical and may require the input of independent computer forensic professionals to challenge how evidence was acquired or interpreted.
When you work with our Miami porn lawyer team, you benefit from:
- Local courtroom experience – Our attorneys have appeared before the Eleventh Judicial Circuit Court and understand Miami-Dade County criminal procedures.
- Detailed case evaluation – We review every aspect of law enforcement activity, from warrant issuance to digital evidence collection and chain of custody issues.
- Immigration guidance – If criminal charges affect your immigration status, our coordinated knowledge of criminal and immigration law is an advantage in Miami’s diverse communities.
- Diligent defense of your rights – We advocate for our clients at every case stage, including arraignment, pretrial motions, and potential trial, and consult with independent forensic professionals as needed.
A porn lawyer Miami can also help you understand collateral consequences that may impact not only your freedom but also your employment and immigration status, especially in a community as interconnected as Miami. If your case is being investigated at the federal level, your attorney must be comfortable with federal court practices and the unique challenges presented by the Southern District of Florida. Clients benefit from working with attorneys who are familiar with the Miami-Dade County Jail system and have experience negotiating with both local prosecutors and federal agents. Our team can advise you on defending your rights at every stage, from arrest and bail hearings to trial and, if needed, appeals.
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 Firm as soon as possible for help protecting your rights.
Our founding attorney, E.J. Hubbs, is a seasoned Miami child pornography defense attorney 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.
Call (305) 570-4802 to schedule a free, confidential consultation.
What to Expect After a Child Pornography Arrest in Miami
If you or someone you care about is arrested for a child pornography offense in Miami, the period immediately following the arrest can feel overwhelming and confusing. Understanding the process ahead is essential to protecting your rights and making informed decisions. Arrests often trigger an initial hearing at the Miami-Dade County Jail, during which bond and release conditions are set. The seriousness of these charges means that pretrial detention is sometimes requested, making it vital to have experienced legal representation present from the start.
Following the initial court appearance, the case may be assigned to a division within the Eleventh Judicial Circuit Court. As the legal process unfolds, prosecutors will review digital evidence and potentially seek additional warrants for computers or mobile devices. Your defense lawyer will analyze whether law enforcement followed correct procedures, and challenge any evidence that may have been improperly obtained. Working with a porn attorney Miami can help ensure that these crucial early steps are taken to protect your constitutional rights and present the strongest possible defense from the outset.
It is also important to consider the collateral effects of an arrest in Miami. Aside from the legal battle, individuals may face scrutiny from employers, schools, or community members, especially in highly visible areas such as Coral Gables or Miami Beach. Early intervention by a local attorney familiar with Miami-Dade County's court system can be instrumental not only in the courtroom but also in managing communications and providing clear guidance through a difficult time.
Key steps to expect after an arrest:
These are the major phases you may encounter after an arrest for child pornography charges in Miami:
- First appearance hearing – Occurs within 24 hours of arrest; bail and pretrial release conditions decided.
- Investigation and evidence review – Prosecutors and law enforcement analyze computers, devices, and internet activity associated with the case.
- Defense preparation – Your attorney evaluates procedure, constitutional violations, and prepares motions to suppress unlawfully obtained evidence.
- Plea negotiations or trial – Based on the weight of evidence and legal arguments, your lawyer may advise plea discussions or taking the case to trial.
Additional Resources
- 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.
