Orlando Child Pornography Lawyer

Orlando Child Pornography Attorney

Being faced with a child pornography charge is one of the most serious accusations a person can face. Even if they are not convicted, a simple accusation can drastically affect their personal and professional lives.

Having an Orlando child pornography lawyer can help you get the immediate legal protection you need. Robert B. Fisher, P.A., can fight for your rights in some of the most sensitive and difficult criminal cases.

About Us

Orlando criminal defense lawyer Robert B. Fisher is a former prosecutor with over 45 years of experience. Mr. Fisher practices in the Orange County Courthouse and Seminole County Criminal Justice Center and is known for his strategic and aggressive criminal defense. He delivers private, compassionate defense services for serious criminal accusations and actively defends your rights while battling for your future.

Former Prosecutor

Call 407-389-4529 or contact the office online to schedule your free initial consultation.

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Understanding Orlando, FL, Child Pornography Laws

A total of 1,375 child pornography cases emerged from the 61,678 reported cases in the U.S. in fiscal year 2024. Since Fiscal Year 2020, the number of child pornography offenses has grown by 34.4%.

Florida has specific and harsh laws regarding the possession, distribution, and production of child pornography. Enforcement of these laws is very aggressive at the state and federal levels.

State and federal agencies include the Florida Department of Law Enforcement (FDLE), Internet Crimes Against Children (ICAC) Task Forces, and the FBI. Orlando Child pornography laws also provide that even one file, if found on a computer or cell phone, could result in multiple felony charges based on the type of material and the number of files.

These laws are outlined under Florida Statute § 827.071, which forbids:

• Knowing possession of any book, magazine, periodical, film, videotape, computer disk, or any other material that visually depicts and involves a minor engaged in sexually explicit conduct
• Distribution or transmission of these materials by computer, computer disk, or any other means
• Creating or directing any kind of sexual performance involving a child

Each image or file can result in a separate count, meaning a person can face numerous charges from one incident.

Child Pornography Penalties in Florida

Florida has harsh punishments for child pornography offenses. The penalties are serious and may be life-changing. The punishment depends on the type of offense, including possession, distribution, or production, and the facts of the case. Charges may be based on each file or image, so there can be several felony charges based on a single investigation.

Convictions can carry long prison sentences, mandatory registration as a sex offender, and lifelong internet, housing, and employment restrictions. In some jurisdictions, harsher punishments are imposed for unusually large amounts of files or extreme content. Prior criminal record and distribution to others are also relevant.

On top of prison time, a conviction also has lifelong social and professional ramifications. Defendants often face additional consequences like loss of electronic devices, court-ordered probation, and many other collateral damages. Since so much is on the line and Florida law allows for little room for clemency once convicted, it is vital to have knowledgeable and seasoned legal counsel to develop a sound defense strategy.

Why You Should Hire a Child Pornography Lawyer

Child pornography cases are extremely serious and complicated matters, and the greatest chance of finding deficiencies in a digital evidence investigation is by having an experienced child pornography attorney who is intimately familiar with how the evidence was collected and analyzed.

If there are no constitutional violations or forensic issues, it is still possible that your child pornography case can be dismissed based on a lack of intent.

Not every accusation results in a conviction. There are defenses available, and your attorney can help you choose an appropriate defense based on the specific details of your case.

Some of the most common defenses include:

• Lack of knowledge or intent. The evidence must show that the defendant was not aware of the illegal content.
• Third-party access. This involves showing that roommates or the use of public Wi-Fi allowed third parties to access the device in question.
• Unlawful search or seizure. The defense attempts to exclude evidence that was retrieved by using invalid warrants or failing to establish probable cause.
• Entrapment. It is claimed that a government agent persuaded the defendant into committing an offense they had no intention of committing.

FAQs

Is It Illegal to Show a Minor NSFW?

Yes, it is illegal to show a minor sexually explicit, obscene material or any other NSFW material. Showing minors sexually explicit content leads to criminal charges because it amounts to contributing to the delinquency of a minor and distribution of harmful materials to a child, both of which are serious crimes in Florida.

Is It Illegal to Search a Minor Without Consent?

It can be illegal to search a minor without consent. In general, police officers and school officials cannot search a child without appropriate consent or legal authority. Schools have more leeway than police under the law. Nevertheless, a search must be reasonable in scope, and the circumstances making the search reasonable must exist at the time the search is conducted. An illegal search may infringe upon a person’s constitutional rights and lead to the exclusion of evidence.

Can You Go to Jail for Watching Inappropriate Videos?

In certain circumstances, you can go to jail for watching inappropriate and illegal videos, especially ones that involve children. Under state and federal law, willfully viewing child pornography, even if not downloaded, is a felony crime. This could lead to jail time, sex offender registration, and other consequences. Remember, if you are under investigation, contact a lawyer.

Can You Go to Jail for Internet Searches?

Generally, you cannot go to jail for internet searches alone. The fact that searches are done does not, in most cases, carry legal implications. However, if the searches include attempts to view or download illegal material such as child pornography, then these attempts can be used as evidence in a criminal investigation. The act of conducting multiple searches for illegal material can lead to criminal charges when it occurs alongside possession or sharing of such content.

Contact Robert B. Fisher, P.A., Today

If you have been accused of child pornography, time is of the essence. Do not delay in seeking the legal representation you need to fight for your future. Contact Robert B. Fisher, P.A., today to hire a child pornography lawyer and discuss your options.