Written by Alan S. Bernstein P.A. — floridacriminaldefensepro.com

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SEX CRIMES DEFENSE  •  SOUTH FLORIDA

Child Pornography Charges in Florida: Your Freedom Is at Stake

An accusation alone can destroy your career, your relationships, and your reputation. You need a criminal defense attorney who will fight aggressively to protect your rights, your liberty, and your future.

Call (954) 925-3111  |  Evenings & Weekends: (954) 347-1000

Time is critical. If you are under investigation or have been arrested for a child pornography offense, do NOT speak to anyone — call Alan S. Bernstein, P.A. immediately for a free, confidential consultation.

 

Arrested or Under Investigation for Child Pornography?

Few criminal accusations carry the devastating impact of a child pornography charge. Even before a conviction, the mere allegation can cost you your job, your family, your home, and your standing in the community. Friends will distance themselves. Employers will terminate you. The stigma is immediate and severe.

But an accusation is not a conviction. The prosecution must prove every element of its case beyond a reasonable doubt, and there are powerful defenses available to those who have been wrongly accused or improperly charged.

South Florida criminal defense attorney Alan S. Bernstein has been fighting for the accused since 1981. With more than 35 years of experience handling serious sex crime cases in Broward, Palm Beach, Dade, Hendry, and Glades counties, he understands what is at stake — and he has the courtroom experience, legal knowledge, and strategic insight to fight these charges head-on.

By contacting our firm early in the process — ideally during the investigation phase, before formal charges have been filed — you give your defense the greatest possible advantage. Early intervention by an experienced criminal defense lawyer may limit the scope of the investigation and, in some cases, prevent charges from ever being filed.

“There are few things in our society that carry such a badge of shame as being charged with a sex crime. The only thing worse is being convicted of one.”

— Alan S. Bernstein, P.A.

 

Offenses We Defend

Our firm aggressively defends clients facing all child pornography and related charges, including:

• Possession of child pornography

• Intentional viewing of child pornography

• Distribution or transmission of child pornography

• Promotion of child pornography

• Production of child pornography or sexual performance by a child

• Possession of AI-generated / computer-generated child pornography

• Internet and computer-based sex crimes

• Transmission of material harmful to minors

• Traveling to meet a minor

• Online solicitation & sting operations

 

Florida Child Pornography Laws & Penalties

Florida aggressively prosecutes child pornography offenses under multiple statutes. Every charge is a felony, and each individual image can be charged as a separate count — meaning exposure to decades of imprisonment.

Possession or Viewing

Florida Statute § 827.071(5)

Knowingly possessing, controlling, soliciting, or intentionally viewing any photograph, video, image, data file, or computer depiction that includes child pornography. Each image is a separate offense.

PENALTY: 3rd Degree Felony — Up to 5 Years Prison

Possession with Intent to Promote

Florida Statute § 827.071(4)

Possessing child pornography with the intent to distribute, promote, or share it. Possession of three or more copies is considered prima facie evidence of intent to promote.

PENALTY: 2nd Degree Felony — Up to 15 Years Prison

Production or Promotion

Florida Statute § 827.071(2)–(3)

Employing, authorizing, or inducing a child to engage in a sexual performance, or producing, directing, promoting, or distributing any depiction of a child’s sexual performance.

PENALTY: 2nd Degree Felony — Up to 15 Years Prison

Transmission of Child Pornography

Florida Statute § 847.0137

Knowingly transmitting child pornography, including across state lines using electronic devices. This offense can also trigger federal jurisdiction and federal charges.

PENALTY: 3rd Degree Felony — Up to 5 Years Prison

AI-Generated / Computer-Generated Child Pornography

Florida Statute § 827.072 (Effective 2024)

Florida’s newest statute criminalizes possessing, viewing, or creating computer-generated images depicting fictitious persons who appear to be minors engaged in sexual conduct — even when no real child is involved.

PENALTY: 3rd Degree Felony — Up to 5 Years Prison

Enhanced Penalties

Florida Statute § 775.0847

If the state establishes that the defendant possessed 10 or more images and one or more depicted sexual battery, a child under 5, or video of a child, the offense is reclassified to the next higher degree — potentially up to life imprisonment.

PENALTY: Up to Life Imprisonment

 

Aggressive Defense Strategies

The prosecution must prove every element of its case beyond a reasonable doubt. Our firm examines every fact, every piece of digital evidence, and every action taken by law enforcement to build the strongest possible defense.

1. Illegal Search & Seizure

The Fourth Amendment protects you from unlawful government intrusion. Law enforcement must have a valid search warrant supported by probable cause before they can search or seize your computer, phone, or other devices. If a warrant was obtained improperly, based on insufficient evidence, or if police exceeded the scope of the warrant, any evidence obtained may be suppressed and your charges could be dismissed entirely.

2. Lack of Knowledge or Intent

Florida law requires that the defendant knowingly possessed or intentionally viewed child pornography. If illicit material appeared on your device through a computer virus, malware, a hacked network, an accidental click on a mislabeled link, or was downloaded by someone else using your device, you may have a strong defense. Digital forensic analysis can often demonstrate the absence of deliberate intent.

3. Shared or Accessible Devices

In many cases, computers, tablets, and phones are used by multiple people — family members, roommates, coworkers, or guests. The prosecution must prove that you were the person who possessed, downloaded, or viewed the illegal content. If others had access to the device, establishing your personal possession becomes far more difficult for the state.

4. Content Does Not Meet the Legal Definition

Not all material involving minors qualifies as child pornography under Florida law. The images must depict a minor engaged in legally defined “sexual conduct.” If the material in question does not meet this statutory definition — for example, if the content constitutes legal erotica rather than pornography — the charges may not hold.

5. Age of the Person Depicted

Child pornography statutes apply only to images of persons under the age of 18. If the defense can establish that the individuals depicted were in fact adults — even if they appear young — the charges should be dismissed.

6. Entrapment

In sting operations, law enforcement sometimes crosses the line from investigation into inducement. Florida law recognizes both objective and subjective entrapment defenses. If an undercover officer or agent encouraged, persuaded, or pushed you into committing an act you would not have otherwise committed, entrapment may serve as a complete defense to the charge.

7. Challenging Digital Forensic Evidence

Child pornography cases rely heavily on digital forensic evidence — browser histories, metadata, file timestamps, and IP addresses. This evidence is complex, technical, and frequently misinterpreted. Our firm works with independent digital forensic experts to scrutinize the state’s evidence, challenge faulty analysis, and expose procedural errors in how data was collected, preserved, and analyzed.

8. Reporting Immunity

Under Florida Statute § 847.0139, a person who discovers child pornography and reports it to law enforcement is immune from civil liability. If you came across illegal content and took steps to report it or destroy it, this context is critical to your defense.

 

What Is at Stake

A child pornography conviction in Florida carries consequences that extend far beyond prison time. The impact is permanent, life-altering, and affects nearly every aspect of your existence.

• Prison Sentences: Felony convictions carry 5 to 15 years or more in state prison, with enhanced penalties possible up to life imprisonment.

• Sex Offender Registration: Lifetime mandatory registration as a sex offender, with your photo, address, and personal information made public.

• Residency Restrictions: Severe limitations on where you can live, often barring you from residing near schools, parks, or childcare facilities.

• Career Destruction: Loss of professional licenses, employment termination, and near-permanent inability to find work in most fields.

• Loss of Civil Rights: Convicted felons lose the right to vote, serve on a jury, and possess firearms under Florida law.

• Federal Exposure: Many state child pornography cases also trigger federal investigation, which carries mandatory minimum sentences of 5 to 20 years.

 

If You Are Under Investigation — Read This Now

• Do NOT speak to the police — they are NOT trying to help you

• Do NOT consent to a search of your home, phone, or computer

• Do NOT make any statements to investigators or detectives

• Do NOT agree to take a voice stress test or polygraph

• Do NOT discuss your case with friends, family, or on social media

• Do NOT attempt to delete files or destroy any device

The single most important thing you can do right now is exercise your right to remain silent and call an experienced criminal defense attorney immediately.

 

Why Choose Alan S. Bernstein, P.A.?

When your freedom, your future, and your very way of life are on the line, you cannot afford to settle for an inadequate defense. You need an attorney who understands the complexities of sex crime law, who has the courtroom experience to challenge the prosecution at every turn, and who will fight relentlessly on your behalf.

Alan S. Bernstein, P.A., has dedicated his entire career exclusively to criminal defense. For more than 35 years, he has stood beside the accused in courtrooms throughout South Florida, building aggressive defense strategies that challenge the evidence, question the investigation, and protect the constitutional rights of his clients.

Whether your case involves a wrongful accusation, a flawed investigation, a violation of your constitutional rights, or a legitimate legal defense that the prosecution has overlooked, our firm will give your case the exhaustive attention it deserves.

Every client’s situation is unique. You deserve an attorney who will take the time to understand your specific circumstances and craft a defense strategy tailored to the facts of your case.

• 35+ Years Exclusively Criminal Defense — Fighting for the accused since 1981 — criminal law is all we do.

• Extensive Sex Crimes Trial Experience — Proven track record defending clients against the most serious sex crime charges in South Florida.

• Pre-Charge Intervention — Early involvement during the investigation phase can prevent charges from ever being filed.

• Personalized Attention — Your case is not a number. You will receive direct, personal attention from your attorney through every stage of the process.

• Serving All of South Florida — Broward, Palm Beach, Miami-Dade, Hendry, and Glades counties.

• Available Evenings & Weekends — Emergencies don’t wait — and neither do we. Call (954) 347-1000 after hours.

 

Your Freedom Is Worth Fighting For

Do not wait for the prosecution to build its case against you. Every day you delay is a day the state uses to strengthen its position. Contact Alan S. Bernstein, P.A. now for a free, confidential consultation and begin building the aggressive defense your case demands.

Main Office: (954) 925-3111

Evenings & Weekends: (954) 347-1000

Email: alansbernsteinlaw@gmail.com

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© 2026 by Alan S. Bernstein P.A. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt of viewing does not constitute, an attorney-client relationship.