Defense From a Former Prosecutor Who Has Resolved These Cases in Sarasota County
A child pornography charge under Florida Statutes § 827.071 can upend every part of a person’s life before a single hearing is scheduled. Employment, housing, family relationships, and reputation are all at risk the moment an investigation becomes public. The decisions made in the earliest hours after contact with law enforcement can shape the entire trajectory of a case, which is why retaining a Sarasota porn attorney before formal charges are even filed matters.
Eric Reisinger is a former Assistant State Attorney who prosecuted felony cases in Sarasota and Manatee Counties. He now defends people facing the same kinds of charges he once handled on the prosecution side. That background means he understands how the state builds a child pornography case, which arguments prosecutors rely on, and where those cases are vulnerable. Law Offices of Eric Reisinger, PA achieved a documented successful resolution of a 15-count possession of child pornography matter in Sarasota County (2017 CF 002479 AX). No outcome in a future case is promised, but that result reflects our capacity to defend these charges at the local level.
Our phones are answered 24/7 and we offer a free initial consultation. Call our Sarasota porn attorney now at (941) 541-5335.
What Florida § 827.071 Actually Covers
The statute’s scope is broader than most people expect. Florida § 827.071 defines child pornography to include not only photographs and videos of real minors but also images created, altered, or modified electronically to portray an identifiable minor engaged in sexual conduct. AI-altered imagery of a recognizable minor can fall within the statute’s reach.
What Qualifies as Sexual Conduct Under the Statute
“Sexual conduct” under the statute includes actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or breast with the intent to arouse or gratify the sexual desire of either party; and conduct constituting sexual battery or simulating that sexual battery is being or will be committed. The prosecution must prove each element beyond a reasonable doubt.
The Four Categories of Prohibited Conduct
Florida § 827.071 targets four distinct types of criminal conduct:
Using a Child in a Sexual Performance, whether or not the entire performance contains prohibited content
Promoting a Sexual Performance by a Minor, which includes producing, directing, or promoting any performance that contains sexual conduct by a child
Possessing Child Pornography With Intent to Promote, which can be triggered by possession of three or more copies of the same material
Knowingly Possessing or Viewing Child Pornography, with each separate image or video file treated as a separate criminal offense
How a Single Device Can Produce Multiple Counts
When a single arrest involves dozens of files, prosecutors can charge each file as a separate count. When a single image depicts more than one child, each child depicted can give rise to its own count. This is how a digital forensics review can turn one device into a multi-count felony indictment. The “intentionally view” standard under § 827.071 also requires more than a single image viewed at any point. What the prosecution must actually prove is a meaningful part of the defense analysis in every case.
Penalties Under Florida Law, Including Sentencing Enhancements
Florida § 827.071 establishes felony classifications for each category of offense, and a separate enhancement statute can push those classifications significantly higher.
Base Offense Levels
The base felony grade depends on which category of conduct the state charges:
Third-Degree Felony (knowing possession or viewing): up to 5 years in prison and fines up to $5,000
Second-Degree Felony (using a child in a sexual performance, promoting, or possessing with intent to promote): up to 15 years in prison and fines up to $10,000
The § 775.0847 Enhancement
Under Florida Statutes § 775.0847, if the state proves the defendant possessed 10 or more images of child pornography and that the content of at least one image contains certain aggravating factors (such as a child under the age of five, sadomasochistic abuse, sexual battery, sexual bestiality, or any motion picture or video involving a child), the charge level can be elevated. A third-degree felony possession charge can be enhanced to a second-degree felony, and a second-degree felony can be enhanced to a first-degree felony carrying up to 30 years in prison. That sentencing structure is one reason the number and content of files identified in the forensic review matters so much to the defense.
Sex Offender Registration & Collateral Consequences
A conviction under § 827.071 can require registration as a sex offender. Sex offender registration is a matter of public record and carries restrictions on where a registered individual can live, including proximity to schools, daycare centers, and places where children regularly gather. Professional licensing and child custody are also commonly affected. Florida law doesn’t preclude prosecution under additional state statutes that may carry greater penalties, and when alleged distribution or transmission of material occurred over the internet or crossed state lines, federal charges under 18 U.S.C. § 2252 and related statutes may apply alongside or instead of state charges. Federal convictions carry their own, often more severe, sentencing structures.
Your Constitutional Rights During a Child Pornography Investigation
Law enforcement must obtain a search warrant supported by probable cause before searching a computer, phone, or other electronic device. Warrants based on unverified tips or overbroad applications may be challengeable. Evidence obtained through an unlawful search can be suppressed under the exclusionary rule, and if the primary evidence in a case is suppressed, the prosecution’s ability to proceed can be directly affected.
Under the Fifth Amendment, you aren’t required to answer questions from law enforcement regardless of how the encounter is framed. You may decline to speak with investigators without a lawyer present. The right to counsel attaches at the time of arrest; invoking it clearly and immediately can stop police questioning. If you’re under investigation but haven’t yet been formally charged, retaining a porn attorney in Sarasota at that stage allows your lawyer to communicate with investigators and prosecutors before the case is built against you.
Defense Strategies in Florida Child Pornography Cases
Every case turns on its own facts, and potential defense approaches depend on the specific circumstances involved. The following are recognized legal arguments that can arise in § 827.071 cases.
Challenging the Knowing Possession Element A conviction requires the state to prove you were aware the material depicted a minor engaged in sexual conduct. If images were downloaded by malware, a virus, or another person with access to the device, the knowing-possession element may not be provable beyond a reasonable doubt.
Challenging the Intentional Viewing Standard The “intentionally view” definition under § 827.071 isn’t satisfied by a single incidental or inadvertent exposure. Brief or accidental viewing without deliberate, purposeful conduct may not meet the statutory threshold.
Unlawful Search and Seizure A search warrant lacking probable cause, or a warrantless search of electronic devices, may support a motion to suppress. Suppression of the primary digital evidence can fundamentally alter the case.
Whether the Material Meets the Statutory Definition The prosecution must establish that the alleged material both depicts a minor and constitutes sexual conduct as defined by the statute. Images that don’t satisfy both elements beyond a reasonable doubt don’t qualify as child pornography under Florida law.
Entrapment Florida law recognizes entrapment as a defense when law enforcement induced conduct the person wouldn’t otherwise have engaged in. This argument applies in certain sting operations and online investigations.
False Accusations Accusations arising from domestic disputes, custody conflicts, or personal grievances are a documented reality in sex crime cases. Investigating the origin and motivation of a complaint is part of a thorough defense.
Why Clients in Sarasota Trust Our Child Pornography Defense
With over two decades of legal experience and a background as a former Sarasota County prosecutor, Eric Reisinger approaches § 827.071 cases with the detailed, fact-specific analysis they require. Having prosecuted felonies at the State Attorney’s Office, he knows how the state builds these cases and where defenses can take hold. He has cultivated strong working relationships with local judges and prosecutors in Sarasota, and our firm has achieved a documented successful resolution of a 15-count possession of child pornography case in Sarasota County (2017 CF 002479 AX).
If you or someone you know is under investigation or has been arrested, don’t wait. The earlier a Sarasota porn attorney is involved, the more options may be available. Reach out to our criminal defense team for a free initial consultation.
Contact us to speak with our Sarasota porn lawyer today. Call (941) 541-5335.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
