Child Pornography Charges

How Florida Prosecutes Child Pornography Offenses In Florida, child pornography offenses are primarily prosecuted under section 827.071, Florida Statutes, and are routinely charged in Brevard County by the State Attorney’s Office for the 18th Judicial Circuit in Viera. Investigations are commonly initiated through digital evidence tracing, peer-to-peer network monitoring, cyber tips, or referrals from other agencies. State and federal authorities frequently cooperate during investigations, though prosecutions in Brevard County proceed under Florida law when filed in state court. What the State Must Prove To sustain a conviction, the State must prove beyond a reasonable doubt that the defendant knowingly possessed, controlled, or intentionally viewed material depicting sexual conduct by a child under the age of 18. Knowledge is a required element, and the prosecution must establish awareness of both the content and the age of the child depicted. In promotion-related charges, the State must additionally prove intent to promote or facilitate the sexual performance. How Charges Escalate Florida law permits each individual image, video, or depiction to be charged as a separate criminal offense. Possession of three or more copies of the same or similar material may support an inference of intent to promote, elevating the charge from third-degree to second-degree felony. Prosecutors in Brevard County regularly file multiple counts arising from a single device or forensic examination. Procedural and Evidentiary Issues Child pornography cases frequently involve litigation over search warrants for computers, mobile phones, and digital storage devices. Courts examine whether affidavits established probable cause, whether warrants were properly executed, and whether forensic examinations exceeded authorized scope. Statements made during custodial questioning are also scrutinized for compliance with Miranda and voluntariness standards under Florida law. Penalty Exposure Under Florida Law Knowing possession or intentional viewing of child pornography is a third-degree felony, punishable by up to five years in state prison per count. Use of a child in a sexual performance, or possession with intent to promote, is charged as a second-degree felony, punishable by up to fifteen years’ imprisonment per count. Enhanced penalties may apply under section 775.0847, Florida Statutes, elevating offenses to higher felony degrees based on image quantity, victim age, content severity, or video format. Collateral Consequences A conviction for any child pornography offense requires mandatory designation as a sexual offender, with lifetime registration obligations in most cases. Additional consequences include extended probationary supervision, electronic monitoring, residency and employment restrictions, and permanent limitations on internet and device access. These collateral effects apply independently of incarceration length. Statutory Classification and Background Florida criminalizes child pornography through multiple statutory schemes, primarily within Chapter 827 and Chapter 847, Florida Statutes. The statutory framework addresses possession, viewing, promotion, electronic transmission, online enticement, and travel-related offenses involving minors or individuals believed to be minors. These offenses are treated as serious felony crimes reflecting Florida’s stringent regulation of sexual exploitation involving children.