Pumphrey Law Panama City Criminal Defense Lawyer Panama City Sex Crimes Defense Lawyer Charges for Child Pornography in Panama City

Charges for Child Pornography in Panama City

The Florida Department of Law Enforcement (FDLE) defines child sexual abuse material (referred to throughout this page as CSAM) as any visual depiction of sexually explicit conduct that involves a minor. When an individual in Bay County is accused of having CSAM in their possession, whether it be on a computer, in a cell phone, or on a tablet—they can face criminal prosecution for child pornography.

The criminal charges that surround the sexual depiction of minors will be harshly prosecuted in Panama City, and the rest of Florida. A defendant who is convicted of a child pornography crime can have the offense haunt them for life. Child pornography convictions result in registering as a sexual offender, which is information available to the public. Holding a criminal conviction for possessing CSAM can ruin relationships, force you to pay fines, and deal with the stigma that often comes with this offense.

A defense attorney may be able to help you find defense strategies, challenge the evidence against you, and use expert witnesses during trial. While facing this charge may seem understandably scary, you do not have to go it alone.

Panama City Criminal Defense Lawyers

Have you recently been accused of possessing an image or video that contained CSAM? If so, you could be facing the potential of a child pornography charge. Even just one image or video found on your device can be detrimental to your future.

Consider consulting a defense lawyer in Bay County to review your case. An attorney who has experience with sex crimes and allegations of child pornography may be able to determine if there are defenses available to you. Contact Pumphrey Law Firm at (850) 681-7777 for a free consultation with a member of our team. We represent those in need of criminal defense in Leon County, Wakulla County, Gadsden County, and Liberty County.

What Does Panama City Consider Child Pornography?

Child pornography is defined under Florida Statute Section 847.001 as any image or depiction of a minor engaged in sexual conduct. Pumphrey Law Firm represents those in Panama City facing any of the following charges related to child pornography:

• Possession of Child Pornography – When a person in Panama City is accused of knowingly possessing, controlling, or intentionally viewing any photograph, motion picture, exhibition, show, representation, computer depiction, or any other representation of a minor engaged in sexual conduct or activities. This offense is considered a third-degree felony.
• Transmission of Material Harmful to Minors by Electronic Device or Equipment – When a person in Panama City is accused of transmitting an image, information, or data that is harmful to minors to a specific individual known by the defendant to be a minor. This offense is considered a third-degree felony.
• Sexual Performance of a Child – When a person in Panama City is accused of either using a child in a sexual performance or inducing the parent or guardian of a child to use the minor for a sexual performance. This offense is considered a second-degree felony.
• Promoting the Sexual Performance of a Child – When a person in Panama City is accused of promoting the sexual performance of a minor by employing, authorizing, or otherwise inducing a child to engage in sexual performance. This offense is considered a second-degree felony.

Do you have questions about the charges you’re facing or their potential consequences? Call the office of Pumphrey Law Firm and have our team help you during a free consultation. 

Penalties for Possessing Child Pornography in Panama City, FL

A defendant in Panama City who is charged with the possession of child pornography or the transmission of materials harmful to minors faces a third-degree felony. Getting convicted would result in the following:

• Up to a $5,000 fine; and
• Up to five years in prison.

A defendant in Panama City who is charged with manufacturing or promoting child pornography faces a second-degree felony. Getting convicted would result in the following:

• Up to a $10,000 fine; and
• Up to 15 years in prison.

Important: A person who is accused of possessing multiple images, videos, or any other depiction of CSAM can face additional possession of child pornography charges for each example of material.

Aggravated Child Pornography

If a person is found to have 10 or more examples of CSAM in their possession, they can be accused of aggravated child pornography. Under Florida Statute Section 775.0847(2), a child pornography offense would be reclassified to the next higher degree if:

• The defendant has 10 or more images of any form of child pornography in their possession; and
• The content of at least one image contains one or more of the following:
  • A child younger than 5-years-old;
  • Sadomasochistic abuse involving a child;
  • Sexual battery involving a child;
  • Sexual bestiality involving a child; or
  • Any motion picture, film, video, or computer-generated motion picture involving a child, regardless of the length or whether it contains sound.

If any of the elements above are present in a Panama City criminal defendant’s possession, it will reclassify a third-degree felony to a second-degree felony, and a second-degree felony to a first-degree felony.

Contact a defense lawyer if you have questions about the reclassified penalties for aggravated child pornography.

Sex Offender Registration

Individuals who are convicted of certain sex crimes will be required to register as a sex offender under the official Florida Department of Law Enforcement (FDLE) website.

The registration makes the convicted person’s personal information publicly available and requires them to follow specific guidelines. People who have been convicted of multiple sex crimes, or convicted of especially heinous sex crimes, may be required to register as a sexual predator. Both registrations can come with extreme difficulties in finding work, a place to live, and maintaining relationships with those close to you. Unfortunately, being registered as a Florida sex offender or sexual predator adds to the negative stigma that surrounds these cases.

Example Cases in Panama City

The following examples provide recent Panama City arrests relating to child pornography:

• November 2023 – The Bay County Sheriff’s Office (BCSO) arrested a Panama City local after he was alleged to possess multiple examples of CSAM. According to the local news report, investigators were alerted by the National Center for Missing & Exploited Children (NCMEC) about a Google account. The account pointed law enforcement to an employee with Bay District School. After obtaining a search warrant, investigators found hundreds of images and videos depicting CSMA. The suspect was arrested and transported to the Bay County Jail and was charged with 20 counts of Possession of the Sexual Performance of a Child.
• February 2024 – A suspect in Panama City Beach was arrested for the unlawful possession of CSAM. BCSO obtained a search warrant for the suspect’s home and used “peer-to-peer network sharing” to uncover the CSAM. The forensic preview identified the IP address used to download the illegal content to match the one belonging to the suspect. Police arrested the individual after he admitted to intentionally searching for and downloading unlawful material. BCSO has charged the defendant with 12 counts of Possession of Child Pornography.

Potential Defenses to Child Pornography Allegations

The potential defense strategies available to you will vary depending on the details of the alleged offense. Given the nature of a child pornography charge, it requires the legal expertise of an aggressive defense lawyer. Defenses can include:

• The defendant lacked intent to possess or download any unlawful content;
• A computer virus was on the digital device and resulted in the unlawful content being there;
• Law enforcement coerced or committed entrapment a person to download or view unlawful content they wouldn’t have done otherwise;
• The digital device with the unlawful content belonged to another person;
• Police conducted an illegal search and seizure to obtain the unlawful content;
• The content found on the defendant’s device was considered child erotica; or
• The people depicted in the content were adults over 18.

There may be other defenses to help prevent a conviction in Bay County. Contact the defense team with Pumphrey Law to discuss the circumstances of your case.

Contact a Panama City Child Pornography Defense Attorney

If you have found yourself behind bars facing criminal prosecution for possessing child pornography, do not wait to contact an attorney. The State will attempt to push the harshest of penalties against defendants accused of sexual offenses that involve children. Even if you are certain that you did not download or search for illicit content, securing legal representation from an experienced Panama City, FL Criminal Defense Lawyer is the best way to fight against a conviction.

The lawyers with Pumphrey Law Firm have collaborated with clients in Bay County, Leon County, and the surrounding areas of North Florida who have been wrongfully accused of child pornography crimes. While it may seem like there are no options left, hiring a defense attorney can positively impact your case. Our firm may suggest working with expert witnesses who can analyze the contents of your digital devices to search for any computer viruses that may have framed you for the offense. When you decide to work with our firm, we will do everything in our power to find evidence to clear your name. Contact us today to receive a free consultation when you call (850) 681-7777.