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 is addressed in another ‘practice area’ described on this site, the mere possession of these materials (even a single photograph) can lead to a court, upon conviction, sentencing a defendant to five (5) years in the Department of Corrections. (prison)
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 surprising, the unsuspecting surfer may be sent unsolicited material, which likewise is stored and maintained as part of the computer’s basic design, without any attempt by the user to ‘seek out’ or find 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 Custom’s 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.
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 Kirschner & McEnery Law.