Have you been charged with a child pornography offense in Lakeland, FL? Thomas C. Grajek, Attorney At Law, has helped defendants for over three decades. Facing these allegations can be overwhelming and isolating, but this isn’t something you ever have to deal with on your own.
When you work with our office, you will have guidance from a lawyer with proven experience handling complex, high-stakes criminal cases in Lakeland, Florida. For help from a Lakeland child pornography lawyer, contact us today at (863) 688-4606.
Why Choose Thomas C. Grajek, Attorney At Law if You’re Arrested For Child Pornography in Lakeland?
When you’re facing an arrest for child pornography in Lakeland, Florida, having the right lawyer can make all the difference. Thomas C. Grajek, Attorney At Law truly understands how the court system works. From your first call, you get personal attention and an honest assessment from a true defense lawyer.
People in Lakeland trust Thomas C. Grajek because our Lakeland criminal defense lawyer offers:
- Exclusively criminal defense: Attorney Grajek has dedicated his entire career to defending those charged – he’s never prosecuted anyone
- Award-winning reputation: Named among The National Trial Lawyers Top 100, for recognized excellence and results
- Knowledge of Florida law: Our legal team understands the details of state and federal child pornography charges and has defended clients against criminal accusations for decades
Handling a child pornography case in Lakeland, Florida, takes sensitivity and experience. From police interviews to court dates, there’s a lot that can go wrong if you don’t have the right defense team on your side. Reach out today to speak with a Lakeland child pornography attorney.
Overview of Child Pornography in Florida
Florida has several different laws that make acts related to child pornography illegal. These laws cover a range of activities. Possession of Child Pornography is a crime in Florida, defined as knowingly having any visual depiction showing a minor engaged in a sexual act.
Transmission of Harmful Materials to a Minor
This law makes it illegal to send sexual material to a minor through electronic means, such as texts, DMs, or email. To get a conviction, prosecutors have to prove that the sender knew the recipient was a minor.
Use of a Child in a Sexual Performance
It is illegal to involve a minor (anyone under 18) in any form of sexual performance, whether by inducing, encouraging, or otherwise causing them to take part. Adults who cause this, and even parents or legal guardians who knowingly allow it, can be charged.
Minors Sexting With Minors
Minors who sext each other can face criminal charges. These usually come with light penalties for a first offense, but they are taken seriously, even though both parties are under 18.
Adults Sexting With Minors
Adults who engage in sexting with minors open themselves up to prosecution under child pornography statutes, including possession or promotion of child pornography, transmission of harmful materials to a minor, and using or soliciting a minor in sexual performance.
Law enforcement and prosecutors in Florida pursue these cases very aggressively. If you are facing accusations, reach out for qualified legal advice as soon as possible.
What Are the Penalties for Child Pornography in Lakeland, Florida?
The consequences for child pornography offenses in Florida can be severe. Here is what you need to know about potential sentences if you are convicted:
- Possession of Child Pornography: This is a third-degree felony, and penalties include up to 5 years in prison and a $5,000 fine for each image found. This means if you are accused of having more than one image, you could face multiple counts and separate sentences for each one.
- Transmission of Harmful Materials to a Minor: This is a third-degree felony as well and carries up to 5 years in prison and a $5,000 fine.
- Use of a Child in a Sexual Performance: This offense is a second-degree felony, carrying up to 15 years in prison and a $10,000 fine.
- Minors Sexting With Minors: Penalties escalate with repeat offenses—first offense usually results in an educational course, 8 hours of community service, and a $60 fine; a second offense is a first-degree misdemeanor with up to 1 year in jail and a $1,000 fine; a third offense is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. In more serious cases, or if certain aggravating factors exist, a minor may be prosecuted in adult court.
- Adults Sexting With Minors: For this offense, the penalties will depend on the exact charge, but sentences are harsh and can include long periods in prison and high fines.
For all of these offenses, there is also the possibility of having to register as a sex offender. If you learn you are under investigation or have already been arrested, it is important to talk to an experienced criminal defense lawyer as soon as possible.
What Defenses Can Be Raised if I’m Arrested for Child Pornography?
If you’ve been charged with an offense related to child pornography, it’s important to start building your defense right away.
Below are some of the common ways your defense attorney can help you fight back:
Lack of Knowledge
You cannot be found guilty unless the prosecution proves you knowingly possessed or transmitted illegal material. If you were unaware that images were on your device or can prove that someone else had access to your computer or phone, this could be a defense.
No Possession
If investigators find images in a place you could not access or control, you may be able to show you did not have actual or constructive possession.
Illegal Search and Seizure
If police obtained evidence without a valid search warrant and violated your rights to be free from unlawful search and seizure, any images or messages they discover might not be allowed in court.
No Minor Involved
For a conviction, the prosecution must prove beyond a reasonable doubt that the person depicted is under 18.
Working with an attorney experienced in defending against these specific charges is essential.
Life can feel overwhelming if you find yourself charged with a child pornography offense. You might be worried about your job, reputation, and freedom. We understand that you have a lot on your mind – we’ll answer any questions and help you every step of the way.
We believe everyone deserves a fair legal fight, regardless of their charges. Contact us today for a consultation with a Lakeland child pornography attorney.