Miami Child Sexual Abuse Material Defense

Protecting Your Rights, Reputation & Freedom

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Protecting Your Rights, Reputation & Freedom

Possession or distribution of Child Sexual Abuse Material under Florida § 827.071 is one of the most serious sexual offenses in the state. Being accused doesn’t just threaten your liberty; it can devastate your reputation, career, and standing in the community. Even a single explicit image may constitute a third-degree felony, carrying the risk of prison time, steep fines, and mandatory sex offender registration.

Understanding Florida § 827.071

Florida law defines Child Sexual Abuse Material as any visual depiction of a person under 18 engaged in sexual conduct, which includes simulated acts or lewd exhibitions. You can be charged for:

  • Possessing explicit images
  • Distributing or sharing them via digital means
  • Creating or transporting illicit materials

Charges escalate depending on the nature of the conduct, the number of images involved, and your role. While Florida does not require specific intent to convict, the law does require knowledge and control over the material in question. This means that even unintentional downloads—such as illicit files embedded in shared content—can lead to prosecution if not addressed properly. That’s why anyone accused under § 827.071 must move quickly to protect themselves.

Protect-Your-Person-From-Illegal-Searches-and-Federal-Warrants

Penalties Explained

The penalties described below are derived from Florida Statutes § 827.071, supported by sentencing provisions in Chapter 775 of the Florida Criminal Code and informed by enforcement standards from the Florida Department of Law Enforcement (FDLE) and judicial interpretations in relevant case law. These laws impose strict consequences for offenses involving CSAM, and penalties can escalate significantly based on the nature and scope of the alleged conduct.

  • Possession of one or more images: Each image can result in a third-degree felony, punishable by up to 5 years in prison, $5,000 in fines, and 5 years of probation per count.
  • Multiple files or repeated offenses: Prosecutors may file separate charges for each image. Repeat or aggravated offenses can lead to cumulative sentences and higher felony classifications.
  • Distribution or intent to distribute: Sharing, emailing, uploading, or otherwise disseminating illegal content can result in second-degree felony charges, with up to 15 years per count and mandatory minimums in some cases.
  • Every single image counts as a separate offense: For example, 300 illicit images could lead to 300 individual felony charges, each carrying potential prison time and fines.

A conviction under Florida § 827.071 requires registration as a sex offender, often for life. This imposes strict restrictions on where you can live, work, travel, and even use the internet or interact online.

David Stuart Seltzer

Defense Strategies That Make a Difference

Our legal team brings a deep understanding of technology, digital forensics, and Florida law to build strong fact-driven defenses, including:

  • Presenting evidence that images were saved unintentionally, such as through automated or bundled downloads
  • Showing that the device was shared with others (e.g., family members, roommates), weakening claims of exclusive control
  • Challenging the legality of the search warrant or digital seizure
  • Scrutinizing the accuracy and methodology of forensic analysis reports
  • Exploring opportunities for charge reduction, pretrial diversion, or treatment-based alternatives, where legally permitted

We approach these cases as detailed forensic investigations; examining every byte, timestamp, and metadata artifact to identify inconsistencies, expose weaknesses in the prosecution’s case, and protect your future.

A prompt, detail-oriented defense can significantly impact the outcome of your case.

Frequently Asked Questions

What should I do if I'm accused under § 827.071?

Do not speak to law enforcement without legal representation. Stay calm and contact One Call Legal immediately. Early legal intervention can protect your rights and influence how your case develops.

Don’t Face a Florida Child Sexual Abuse Material Charge Alone

A charge under Florida Statute § 827.071 is life-altering. You need a Miami Child Sexual Abuse Material defense attorney who understands both digital evidence and the Florida criminal justice system. At One Call Legal, we have experience defending clients in complex, high-stakes digital prosecution cases. We know how to protect your rights, reputation, and future, right from the moment an investigation begins. Call us now at 305-444-1565 or fill out our confidential form to begin your defense. When your life is on the line, swift legal action isn’t optional; it’s essential.