How Digital Evidence Affects a Florida Child Porn Case

Criminal charges involving Florida’s child pornography laws have always been serious, carrying long prison terms, sex offender registration requirements, and other punishment for a conviction. However, in recent years, the criminal justice community has modified their strategies for pursuing criminal investigations, making arrests, and prosecuting the case. These days, child porn cases are more likely to be based upon digital evidence, such as computers, smartphones, tablets, and external storage drives. This information can provide powerful support for the prosecutor’s case, and it is very difficult to fully erase – putting you at a disadvantage in defending your rights.

Because computer-based information is so important to a child porn case, you need experienced legal counsel to represent you. Your Florida child porn and sex crimes defense lawyer will handle the details, but it is essential for you to understand how digital evidence works.

US and Florida Child Pornography Laws: Both federal and state statutes pornographic images or portrayals of children, and violations of these laws could lead to felony charges. In Florida, the laws criminalize:

• Use of a child in a sexual performance;
• Promotion of a sexual performance by a child;
• Possession of sexual-related materials with the intent to promote; and,
• Possession, control, or intentionally viewing materials that include sexual conduct by a child.

The Role of Digital Evidence: A child porn case in the internet age is very different from decades ago when police might arrive at your home and seize pictures, magazines, or video tapes. Instead of physical materials, law enforcement will focus on images you illegally send, receive, or possess through digital channels. They will look for the footprint you leave behind when you send an email, visit a website, download files, and receive text messages. All information that is stored electronically is subject to search by police, who may:

• Seize your computer, tablet, or cell phone;
• Confiscate storage drives, camera memory cards, CDs, and thumb drives;
• Force access to online accounts, social media profiles, chat rooms, and other internet-based platforms; and/or,
• Track your messaging and online activities on certain sites.

How Computer Forensic Experts Impact Child Porn Cases: Digital evidence is crucial to the prosecution’s burden to prove that you are guilty beyond a reasonable doubt. In most cases, the prosecuting attorney must rely on forensic experts to show the essential elements of a child porn case – whether the charges involve possession, promotion, or other allegations. As a result, it is essential that you have an experienced digital evidence professional on your side, too. An expert can raise questions and doubt in the minds of the jurors, preventing the prosecutor from meeting its burden of proof.

Get in Touch with a Florida Criminal Defense Lawyer Right Away

Due to the serious nature of child pornography charges, you cannot delay in retaining knowledgeable representation. Whether you were already arrested or could soon face an indictment, developing a strong defense strategy around digital evidence is key. To learn how we can help with your case, please contact Fort Lauderdale criminal attorney Kevin J. Kulik to set up a consultation right away. We can meet with you at our office to discuss the details.

https://www.kevinkuliklaw.com/types-of-discovery-in-a-florida-criminal-case/