Tallahassee Man Charged with 10 Counts of Production and Distribution of Child Sex Abuse Materials
Tallahassee police and Homeland Security Investigations are seeking possible victims of a Tallahassee man charged with 10 counts of production and possession of child sex abuse materials. The 44-year-old defendant was arrested on December 5, 2023, as part of a joint investigation conducted by HSI and the Leon County Sheriff’s Department. The U.S. Marshals and the Florida Department of Law Enforcement also assisted in the arrest.
It is unlawful to own, possess, distribute, or produce child pornography under both state and federal law. Often, these investigations involve federal charges because the distribution networks for child sex abuse materials are online and involve multiple states.
Child pornography charges under Florida law
Laws against child pornography can be found in Florida Statutes Title XLVI. Crimes § 827.071. Under the statutes, an individual can be found guilty of possessing, distributing, producing, or promoting child pornography. The crimes are either charged as a second-degree felony or a third-degree felony. Possession is charged as a third-degree felony punishable by up to 5 years in state prison per offense. Each individual image can be charged as its own separate offense.
Promotion, production, or distribution of child pornography can be charged as a second-degree felony. A second-degree felony is punishable by up to 15 years in state prison.
An individual is guilty of the use of a child in a sexual performance if they employ, authorize, or induce a child less than 18 years of age to engage in sexual performance. Alternatively, if they are a parent and allow their child to be used in a sexual performance, they can be found guilty of a second-degree felony.
Federal child pornography laws
Federal law also makes it illegal to own, possess, distribute, or produce child pornography. These laws are defined under 18 U.S.C. § 2252. Generally speaking, violations of federal child pornography laws require a sentence of between 5 and 20 years in federal prison. However, repeat violations under the section can also provide a prison sentence of up to 40 years. Even mere possession of child pornography can require a prison sentence of up to 10 years under the federal statute. If the images portray a child under 12, you can receive a 20-year prison sentence.
It’s important to note that the images depicted must contain an actual child. Therefore, drawings, paintings, or other representations are not considered child pornography under the law. This also includes computer-generated images or AI images. The law provides that the image must contain an actual minor who is a victim.
Talk to a Tallahassee Child Pornography Defense Attorney Today
If you have been charged with possessing, distributing, or producing child pornography under state or federal law, then the stakes are quite high. Federal law provides for mandatory minimum sentences and state law is just as harsh. You will need the help of a skilled Tallahassee criminal lawyer. Call Luke Newman, P.A. today to schedule an appointment and learn more about how we can help.
