The Legal Definition of Child Pornography in Fort Myers
The legal definition of child pornography is important to understand, especially if you are already facing sex crimes in Fort Myers. Some might be surprised to learn how broad the definition is, and new technological advances in artificially generated images could make it easier to break these laws than ever before. If you face sex crime allegations, it makes sense to get in touch with a defense attorney as soon as possible.
What Does Florida Law Say About Child Pornography?
Child pornography is defined by Florida Statute 775.0847. Under this section, child pornography is any image that depicts a minor engaging in sexual conduct. A minor is any person who is younger than 18, even if their identity is unknown. The definition of sexual conduct is broad, encompassing not only sexual activities but also the “lewd exhibition of genitals.” If the minor is a female, exhibition of the breasts may also count as child porn.
Note that the minor does not necessarily need to be nude or partially nude to trigger child porn charges under Florida law. Child pornography might show a clothed child engaged in simulated sexual intercourse, masturbation, sadomasochistic abuse, or bestiality.
How Do Courts Determine the Age of an Unidentified Minor in Child Porn?
As many people know, it can be difficult to gauge the age of unidentified people in videos or images. Some 19-year-olds seem much younger than they actually are, and some 17-year-olds may appear to be much older. If the child porn includes an individual whose identity is unknown, how do courts determine their age when approaching child porn allegations?
In all criminal cases, prosecutors must prove guilt beyond a reasonable doubt. If the identity of the individual is unknown, then the court must decide for itself whether that person is a minor beyond a reasonable doubt. As a result, the court may hear testimony from expert witnesses to determine whether the individual in question is over the age of 18. For example, a medical expert might look at the individual’s face and body parts to determine their approximate maturity.
What About AI-Generated Child Porn?
AI-generated child porn is still illegal in Florida, even if it does not depict an actual person. Statute 827.072 makes it clear that a person can face child porn charges for simply creating or generating a sexual image or picture with a person under the age of 18. Again, the court might need to determine whether the individual in question shows physical markers of maturity. If there is a reasonable doubt as to whether the individual might be 17 or 18, the court should acquit the defendant.
Can a Criminal Defense Attorney in Fort Myers Help Me With Child Porn Charges?
If you face allegations of child pornography possession, it makes sense to get in touch with a Fort Myers criminal defense attorney as soon as possible. The consequences of these charges can be quite severe, and the first step is to understand the nature of your charges in detail. Once you understand the elements of this offense, you can build a defense with greater efficiency and confidence. Get started today by contacting The Foley & Wilson Law Firm.
Sources:
flsenate.gov/laws/statutes/2022/775.0847
flsenate.gov/Laws/Statutes/2024/0827.072