Florida Statute §827.071 | Classification: Third-Degree Felony per count
What Is This Charge?
Florida law makes it a felony to knowingly possess, control, or intentionally view any image, video, computer file, or other data that depicts a minor engaged in sexual conduct. Each individual image or video is treated as a separate criminal count.
Penalties & Fines
-
Each image or video: Third-Degree Felony — up to 5 years per count, $5,000 fine per count
-
Multiple counts can result in decades of cumulative prison time
-
Mandatory lifetime sex offender registration
-
Lifetime residency restrictions
-
Lifetime employment restrictions
-
Federal charges for possession or distribution carry mandatory sentences of 5–20+ years
Additional Consequences
-
Permanent loss of civil rights
-
GPS monitoring and electronic surveillance
-
Immigration consequences — permanent bar and deportation for non-citizens
-
Prohibition from all contact with minors
Possible Defenses
-
You did not knowingly possess or view the material (inadvertent downloads, viruses, cached files)
-
The devices were not lawfully searched — Fourth Amendment challenge
-
The images do not meet the legal definition of child pornography
-
The individuals depicted were not minors
-
Entrapment by law enforcement
-
Chain of custody issues with digital evidence
-
Another person had access to the device
Why You Need a Defense Attorney
These cases involve complex digital forensics and the possibility of both state and federal prosecution simultaneously. An attorney will immediately challenge the legality of the search, retain independent digital forensic experts, and scrutinize every aspect of the investigation. Time is critical.
Call today for a free consultation: (813) 888-8888 | Email: [email protected]
Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.