If you have been arrested in the Orlando area for charges of computer pornography and child exploitation in violation of Florida statute 847.0135 you need to call the experienced and aggressive attorneys of Finebloom & Haenel now!
Section 847.0135 is broken down into many sections that spell out several specific crimes. Overall, what the statute prohibits is using a computer to meet a child for sexual purposes. This includes meeting children in chat rooms, sending e-mails to children with pornographic images, asking a child for an address or other personal information for the purpose of having sexual relations with them or taking photos or movies of the child. It is also illegal to give out the name, telephone number, address or any details about the child for the purpose of encouraging sexual activity any child.
YOU CAN BE FOUND GUILTY OF A CRIME EVEN IF YOU DO NOT COMMIT THE ACT! If you own a computer service and you are aware that a person is using your service to commit a crime under this section, you can be found guilty of a first degree misdemeanor. This means you can spend up to one year in the county jail and be given a $2000 fine.
The different crimes under this section are as follows:
847.035 Computer pornography; traveling to meet minor; penalties.—
(1)SHORT TITLE.—This section shall be known and may be cited as the “Computer Pornography and Child Exploitation Prevention Act.”
(2)COMPUTER PORNOGRAPHY.—A person who:
(a)Knowingly compiles, enters into, or transmits by use of computer;
(b)Makes, prints, publishes, or reproduces by other computerized means;
(c)Knowingly causes or allows to be entered into or transmitted by use of computer; or
(d)Buys, sells, receives, exchanges, or disseminates,
any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree.
A felony of the third degree is punishable by up to five years in the Department of Corrections and a $5000 fine.
The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.
847.035(3) states:
CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED.—Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
(a)Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or
(b)Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
- A violation of this section is a felony of the third degree, punishable by five years in Florida Department of Corrections and a $5000 fine.
- If you misrepresent your age while attempting to contact the minor, it is a felony of the second degree, punishable by 15 years in the Florida Department of Corrections and a $10,000 fine.
- Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense. This is true even if you contact the same individual over and over again.
847.035(4) reads as follows:
TRAVELING TO MEET A MINOR.—Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
(a)Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or
(b)Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
If you are found guilty of this section, it is a felony of the second degree, punishable by 15 years in Florida Department of Corrections and a $10,000 fine.
(5)CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.—
(a)A person who:
1.Intentionally masturbates;
2.Intentionally exposes the genitals in a lewd or lascivious manner; or
3.Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.
- If you are an offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree, punishable by 15 years in prison and a $10,000 fine.
- If you are an offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable by five years in prison and a $5000 fine.
As you can see there are many ways to be charged with a crime under this section. The penalties are severe! These crimes are aggressively prosecuted by the State. There is also a social stigma associated with this particular charge. Many times there is media coverage in local papers and tv news programs. In addition the criminal process can be overwhelming and pre-trial release conditions can be harsh. The attorneys and staff of Finebloom & Haenel understand that this is a traumatic time. We are available to meet with you and explain all of your possible options and outcomes. Our experienced attorneys can customize a defense for you. Don’t trust an attorney who is overworked or inexperienced. At Finebloom & Haenel we will fight to obtain the best possible outcome for your situation. Let our experience work for you. Call us now at 407-218-6277. We are available 24/7 to consult with you.
- Transmission of Pornography by Electronic Device or Equipment
If you have been arrested in the Orlando area for violating 847.0138 of the Florida Statutes titled “Transmission of material harmful to minors to a minor by electronic device or equipment,” call an aggressive attorney who will work for you! At the law offices of Finebloom & Haenel our attorneys are ready to prepare a defense for you.
“Transmit” means to send a pornographic or other type of harmful message, to a specific individual known by the defendant to be a minor via electronic mail. Unlike other crimes in this chapter, ignorance of the recipient’s age is a valid defense. If you are found guilty of transmitting to a minor, it is a felony of the third degree. That means a maximum sentence of five years in prison and a $5000 fine. In addition you will be labeled a convicted felon and will lose civil liberties such as the right to vote and carry a firearm.
At the law offices of Finebloom & Haenel we fight for you! Our attorneys are available 24/7 to arrange a consultation with you. The attorneys at Finebloom & Haenel have over 30 years of combined experience in criminal law. We have the experience needed to help you with your unique situation. Call us now at 407-218-6277 and let us fight for you!
