From a criminal justice perspective, the viewing of pornography is usually a personal decision. If all parties consent and are legally adults, Fort Lauderdale residents should not have to worry about being in criminal trouble over images and videos stored on their personal computers.
However, it is another matter when pornography depicts someone under the age of 18. Child pornography is illegal under both federal law and the laws of Florida.
In the right circumstances, it is possible for a person to face child pornography charges in both a local court in Broward County and in the U.S. District Court for the Southern District of Florida.
The penalties even for the mere possession of child pornography, including Internet pornography, are severe under both federal law and state law.
Under Florida law, a person can face a felony conviction and punishment of up to 5 years in prison plus a fine. Under federal law, the minimum penalty for a particular pornography offense is 5 years in prison, and a person can face up to 20 years in prison. As with state law, a federal conviction is a felony.
Additionally, convictions would require a person to register as a sex offender.
If there are aggravating circumstances, more severe penalties are possible. Furthermore, it is important to understand that each piece of pornography can lead to a separate conviction and a separate sentence.
Those accused of internet child pornography should have legal guidance
As with other cases, prosecutors and police must be able to prove their cases beyond a reasonable doubt. There are possible defenses to allegations of child pornography possession.
Furthermore, authorities must do their work in accord with all laws, including the U.S. Constitution. Police or prosecutorial missteps can mean the court will suppress evidence or even dismiss a case.