It Is Easier to Produce Child Pornography Than You Might Think

When most Florida residents hear the term “child pornography,” they assume that the victims are always small children. However, it is important to remember that these laws protect all children in the Sunshine State – even those on the verge of adulthood. It may be easier to “produce” child pornography in Fort Lauderdale than you think – and this was made clear in a recent local case.

An Example of Child Porn Production in Florida 

In May of 2024, the Justice Department announced that a man had pleaded guilty to production of child pornography in Florida. This individual admitted to having sex with a 17-year-old and filming these interactions over a few months in 2022. He was 26 at the time. The defendant also admitted that he convinced the teen to send him explicit images of herself. He faces a mandatory minimum sentence of 15 years, with a maximum sentence of 30 years and a lifetime of supervised release.

It is not clear whether the defendant knew that the minor was underage at the time of the relationship. But even if he wasn’t aware of her true age and merely assumed that she was 18, it probably wouldn’t have made much of a difference. Florida rarely recognizes “ignorance to age” as a valid defense. It’s important to understand the defendant pleaded guilty to the production of child pornography – not “statutory rape.” Prosecutors may have agreed to drop the other charge in exchange for the guilty plea.

The Difference Between “Statutory Rape” and Production of Child Pornography 

You might be surprised to learn that the penalties for producing child pornography with a 17-year-old can be more serious than actually having sex with that same individual. Under Florida’s statutory rape laws, it is a second-degree felony to have sex with a 17-year-old if you’re 24 or older.

In the case just discussed, the defendant was 26 years old when he first began the sexual relationship with the 17-year-old. However, a sexual act of this nature could have only led to up to 15 years in prison. In contrast, filming these sexual acts constitutes is production of child pornography – and a first-degree felony. Having sex with the 17-year-old would have only led to a maximum of 15 years in prison, while filming that same act led to a mandatory minimum of 15 years with a maximum sentence of 30 years in prison for the first-degree felony.

You can face this penalty without ever having sex with the individual in the images. Even if the defendant had asked for explicit images or filmed someone else having sex with the 17-year-old, he would have still faced a first-degree felony under child pornography production laws. Each separate image or film clip carries its own sentence.

Fight Child Pornography Charges with Haber & Blank, Attorneys at Law 

While being accused of child pornography is extremely daunting, you are presumed innocent until proven guilty in Florida. If you face these allegations, you should get in touch with an experienced sex defense lawyer in Fort Lauderdale at your earliest convenience. With our assistance, you can fight baseless allegations and secure your freedom. Book your consultation today to get started with a defense strategy.

Sources: 

justice.gov/usao-sdfl/pr/st-lucie-county-man-pleads-guilty-production-child-pornography

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0827/Sections/0827.071.html