Child Pornography Attorney in Miami, FL

Have you or a loved one been arrested or are you under investigation for child pornography? If so, it is critical to consult with an experienced child pornography attorney in Miami as soon as possible to ensure your rights are protected. State and federal crimes prohibit child pornography and provide harsh punishment for those convicted of child pornography-related crimes. In addition to facing a prison sentence, you may also need to register as a lifetime sex offender if you are convicted of a sex crime. You need the counsel of a lawyer experienced in child porn cases to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

Producing, possessing, selling, and distributing child pornography are serious criminal charges. Evidence in child pornography cases comes in the form of pictures and videos—most frequently in digital format seized from a defendant’s electronic devices, e.g., mobile phones, laptops, tablets, computers, and external hard drives. Consequently, it is often necessary to retain computer forensics experts to analyze evidence and determine whether possible defenses exist. Additionally, search and seizure issues may arise in cases involving child porn. You need an experienced attorney by your side to present the best defense possible on your behalf.

Florida Child Pornography Laws

Florida law uses the term “child sexual abuse material” for what is commonly called child pornography. Under Florida Statute § 847.001(3), this includes images depicting a minor engaged in sexual conduct and images created or altered to portray an identifiable minor engaged in that conduct. A minor is anyone younger than 18. Section 847.001(19) defines sexual conduct to include:

• Actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse;
• actual or simulated lewd exhibition of the genitals;
• actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party;
• or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.

In no case does breastfeeding of a child constitute sexual conduct.

Under § 827.071(5), each prohibited image or video can support a separate charge. If it depicts more than one child, each child depicted can support a separate charge within that image or video. The number of charges can greatly affect the total prison exposure.

Florida Child Pornography Penalties

Florida increased several penalties effective July 1, 2026. The law in effect when the alleged offense occurred matters. Under the amended law, Florida Statute § 827.071 provides:

• Using a child in a sexual performance: A first-degree felony, generally punishable by up to 30 years in prison. Adults face a 15-year mandatory minimum, subject to a narrow statutory exception.
• Aggravated use of a child younger than 12: A life felony. Adults face a 25-year mandatory minimum.
• Promoting a sexual performance by a child: A second-degree felony, generally punishable by up to 15 years. Adults face a five-year mandatory minimum, subject to a narrow statutory exception.
• Possession with intent to promote: A second-degree felony, generally punishable by up to 15 years.
• Knowing solicitation, possession, control, or intentional viewing: A second-degree felony, generally punishable by up to 15 years.

These first- and second-degree felonies generally carry maximum fines of $10,000. Selling or buying minors for prohibited sexual depictions under § 847.0145 is a first-degree felony, generally punishable by up to 30 years and a $10,000 fine. Prior convictions and the image-based enhancement in § 775.0847 can increase the applicable penalties.

Additionally, defendants convicted of child pornography-related crimes may be required to register as lifetime sex offenders.

Federal Child Pornography Crimes

Federal law defines child pornography in 18 U.S.C. § 2256 by reference to visual depictions of sexually explicit conduct involving minors, including certain computer-generated or altered images. The precise statutory definition matters; nudity alone does not automatically make an image child pornography. Convicted federal child pornography defendants can face some of the most severe sentences in the federal courts.

Federal Child Pornography Investigations

It is typical for federal agents to investigate child pornography cases extensively before arresting and charging the defendant. This is especially true in cases involving peer-to-peer (P2P) file-sharing programs. In many cases, tracking the sharing of these files, locating the users, and investigating their backgrounds can prolong an investigation.

It is also common for people under investigation to delay seeking legal advice until they’re officially charged with a crime. An attorney’s involvement during the investigation phase of a case can significantly impact its outcome. In some cases, lawyers may be able to prevent charges from being filed against you. If you believe you are the subject of a criminal investigation, or police have questioned you about child pornography without filing charges, seek legal advice promptly.

Federal Child Pornography Penalties

Federal prison terms depend on the charge and any qualifying prior convictions. For a person without qualifying prior convictions, production under 18 U.S.C. § 2251 generally carries 15 to 30 years. Receipt, distribution, and transportation under §§ 2252 or 2252A generally carry five to 20 years.

Possession under these statutes generally carries no mandatory minimum and a maximum of 10 years. The maximum rises to 20 years if any image involves a prepubescent child or a child younger than 12.

Qualifying prior convictions can raise the statutory minimum and maximum sentences. The content and number of images can also increase the advisory sentencing guideline range. Fines, restitution, and supervised release may apply in addition to imprisonment.

Retaining a federal criminal defense attorney right away is essential if you are under investigation or accused of a federal crime related to child pornography.

Defenses to Child Pornography Charges

For a possession charge, the prosecution must prove knowing possession of the prohibited material. Florida law also prohibits knowing solicitation, control, and intentional viewing; federal law separately prohibits knowingly accessing child pornography with intent to view it. Evidence about shared devices, user accounts, and how files reached a device may help challenge the required knowledge.

People can be unaware that child porn is on their electronic devices or computers because the videos and images are contained in files, not in a physical form. Perhaps you ended up with illegal pornography on your device because you clicked on the wrong pop-up. Maybe you downloaded the files without realizing it using peer-to-peer file-sharing software. Sometimes, people deliberately mislabel files to enable them to share child pornography without raising suspicion. You could have unwittingly downloaded child porn when you thought you were downloading something else entirely. In some cases, an expert can recover keyword searches and other data proving that you didn’t search for or intentionally download child pornography.

A defense attorney can file a motion to suppress challenging evidence obtained through an unlawful search or seizure. If the court excludes key evidence, the prosecution may be unable to proceed, although suppression does not automatically require dismissal. Our attorneys will review the warrant, the search, and any grounds for excluding the evidence.

Contact an Experienced Child Pornography Attorney in Miami

People accused of child pornography crimes are often presumed guilty and judged by family members, friends, and co-workers before they have even had a chance to defend themselves. Even though it’s just an accusation, people react emotionally when children are involved. Worse, being convicted of a child pornography offense can impact almost every aspect of your life. By immediately hiring an experienced child pornography attorney in Miami, you are reducing the chances that your case will result in long-term damaging consequences to your career, personal life, and reputation. CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our securely encrypted intake form. The additional details you provide will greatly assist us in responding to your inquiry.

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