In Florida, it is a serious violation of State Law to have in one’s possession digital images deemed “inappropriate” by the Florida Legislature. Unlike ‘Computer Solicitation,’ which we address in another practice area on this site, possessing these materials—even a single photograph—can result in a court sentencing a convicted defendant to five years in the Department of Corrections. A Saint Lucie County child pornography lawyer could help defend your rights.
What many citizens are unaware of is that their computer systems, especially those utilizing Microsoft Operating Systems, automatically copy and store, in multiple locations within the system, copies of photographs simply viewed by an unsuspecting user ‘surfing’ internet websites.
Even more surprisingly, the computer may store unsolicited material sent to the unsuspecting surfer as part of its basic design, without any attempt by the user to seek out illegal photographs. Law Enforcement has sophisticated forensic software at their disposal, which can actually reconstruct digital photograph files that the user, after viewing or downloading, has ‘erased’ or ‘deleted’.
Additionally, Law Enforcement is actively investigating, ferreting out, and arresting citizens for these crimes on both the State and Federal levels. Local Law Enforcement Agencies align with Customs agents, county authorities, and State agencies form task forces (most notably “L.E.A.C.H.”) to proactively seek out and arrest violators of the law. If you would like to see the law (and how broadly it is written), check out Ch. 847.0135, Fla. Stat.
Contact a dedicated criminal defense attorney for a free consultation.
The most important item to remember is that these cases ARE DEFENSIBLE, on both legal and technological bases, and our firm has board-certified criminal trial, Martindale-Hubbell AV rated personnel who have handled, and in many cases won, scores of these cases. Board Certified Criminal Trial Lawyer specialist Jay Kirschner has been handling these matters since the mid to late 1990’s, when prosecutions first began. If you need help with a similar case, contact Jonathan Jay Kirschner, Esq., & Associates.