Child Pornography Defense in Bradenton

Conduct Covered by Florida’s Child Pornography Statute

Florida Statute § 827.071(5)(a) prohibits knowingly soliciting, possessing, controlling, or intentionally viewing material that includes child pornography. Knowledge and intent are distinct legal issues. The presence of material on a device doesn’t by itself establish who possessed it knowingly or whether someone deliberately viewed it.

The statute treats each photograph, image, or presentation as a separate offense. When one item depicts multiple children, each child depicted also constitutes a separate offense. These counting provisions can result in numerous counts arising from a collection of alleged material.

Section 827.071(4) separately addresses possessing child pornography with intent to promote it. Under that provision, possession of three or more copies is prima facie evidence of intent to promote, meaning evidence legally sufficient to support that conclusion unless rebutted. Promotion-related allegations therefore involve different statutory issues from knowing possession or intentional viewing.

Felony Charges, Fines & Sentencing Exposure

Knowing possession or intentional viewing is a third-degree felony punishable by up to five years in prison and a fine of up to $5,000. Using a child in a sexual performance, promoting child pornography, or possessing it with intent to promote is a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000.

Section 775.0847 can enhance qualifying offenses involving at least 10 images and a statutory aggravating factor. A qualifying second-degree felony can be enhanced to a first-degree offense carrying up to 30 years in prison. The applicable exposure depends on the charged conduct, image allegations, aggravating factors, and other case-specific circumstances.

Prosecution under § 827.071 doesn’t prevent prosecution under other Florida laws that may impose greater penalties for the sexual exploitation of children. We assess the charging documents and applicable statutes rather than treating every allegation as carrying the same consequences.

Defense Issues in Child Pornography Cases

A defense evaluation focuses on what the state can prove with admissible evidence. We examine the prosecution’s theory, the digital forensic evidence, and the investigation to determine which legal issues apply.

Issues we may assess include:

• Knowing possession: Whether the evidence proves that the accused person knowingly possessed or controlled the material.
• Intentional viewing: Whether the state can establish purposeful viewing rather than relying only on a file’s presence or technical data.
• Statutory definition: Whether the alleged material meets the definition required by Florida law.
• Search and seizure: Whether officers lawfully obtained devices, account information, or other evidence.
• Suppression: Whether unlawfully obtained evidence should be excluded from the case.
• Entrapment or false accusations: Whether law enforcement conduct or inaccurate claims affect the allegations.

The available arguments depend on the evidence, how investigators obtained it, and whether prosecutors can establish every element of the charged offense.

Child Pornography Proceedings in Bradenton

Manatee County state criminal proceedings are held at the Manatee County Judicial Center in Bradenton, part of Florida’s Twelfth Judicial Circuit. Our knowledge of Bradenton courts and legal procedures is informed by Eric Reisinger’s prior work as an Assistant State Attorney.

Before defending people accused of crimes, Eric Reisinger prosecuted felony cases across the region, including in Manatee and Sarasota Counties. That background provides direct familiarity with how felony allegations are investigated, charged, and litigated from the prosecution’s perspective. We apply that experience when reviewing evidence, identifying procedural concerns, and preparing the defense.