Lewd Conduct & Child Pornography

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Potential Serious Lifetime Consequences

Being convicted of possession of child pornography, sexual battery or lewd & lascivious act committed upon a child will negatively impact your life forever. Certain offenses carry a long mandatory federal or state prison sentence. Most convictions preclude employment in children, elder, daycare, law enforcement, education and health care related fields.

Promptly retaining me to pursue every viable criminal defense on your behalf is crucial. Fact finding and witness location immediately post arrest is important to being found not guilty. Many prosecutions are motivated by greed, jealousy or retribution of a current or former household member. If you do not reside alone or have tech-savvy enemies, it is difficult for the prosecutor to prove who downloaded the material. Often a letter drafted by me explaining your version of the event and emotional issues (if any), enclosing sworn witness statements will convince the prosecution to “drop or reduce” your prosecution. Often I can convince the police and prosecutor to not prosecute in federal court to avoid more severe penalties.

Affordable Lewd Conduct & Child Pornography Adult & Juvenile Criminal Defense

My lewd conduct and child pornography fees start at $1,500. Juvenile fees may be less. Call now to discuss the facts of your case and my low down, pay-as-you-go fees.

Quick Law Review

827.071 Sexual performance by a child; penalties.—

  • (1) As used in this section, the following definitions shall apply:
    • (a) “Deviate sexual intercourse” means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.
    • (b) “Intentionally view” means to deliberately, purposefully, and voluntarily view. Proof of intentional viewing requires establishing more than a single image, motion picture, exhibition, show, image, data, computer depiction, representation, or other presentation over any period of time.
    • (c) “Performance” means any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience.
    • (d) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same.
    • (e) “Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself.
    • (f) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, “sexual battery” does not include an act done for a bona fide medical purpose.
    • (g) “Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.
    • (h) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
    • (i) “Sexual performance” means any performance or part thereof which includes sexual conduct by a child of less than 18 years of age.
    • (j) “Simulated” means the explicit depiction of conduct set forth in paragraph (h) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.
  • (2) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (3) A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a child less than 18 years of age. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (4) It is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child. The possession of three or more copies of such photograph, motion picture, representation, or presentation is prima facie evidence of an intent to promote. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (5)(a) It is unlawful for any person to knowingly possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession, control, or intentional viewing of each such photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation is a separate offense. If such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation includes sexual conduct by more than one child, then each such child in each such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation that is knowingly possessed, controlled, or intentionally viewed is a separate offense. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (5)(b) This subsection does not apply to material possessed, controlled, or intentionally viewed as part of a law enforcement investigation.
  • (6) Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children.
827.04 Contributing to the delinquency or dependency of a child; penalty.—

  • (1) Any person who:
    • (a) Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services; or
    • (b) Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act, follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a dependent or delinquent child or a child in need of services, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

  • (2) It is not necessary for any court exercising juvenile jurisdiction to make an adjudication that any child is delinquent or dependent or a child in need of services in order to prosecute a violation of this section. An adjudication that a child is delinquent or dependent or a child in need of services shall not preclude a subsequent prosecution of a violation of this section.
  • (3) A person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who impregnates a child in violation of this subsection commits an offense under this subsection regardless of whether the person is found to have committed, or has been charged with or prosecuted for, any other offense committed during the course of the same criminal transaction or episode, including, but not limited to, an offense proscribed under s. 800.04, relating to lewd, lascivious, or indecent assault or act upon any person under 16 years of age. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crime proscribed under this subsection.
800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.—

  • (1) DEFINITIONS.—As used in this section:
    • (a) “Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
    • (b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
    • (c) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
    • (d) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.
  • (2) PROHIBITED DEFENSES.—Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.
  • (3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section.
  • (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
    • (a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
    • (b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  • (5) LEWD OR LASCIVIOUS MOLESTATION.—
    • (a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
    • (b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
    • (c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
    • (d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (6) LEWD OR LASCIVIOUS CONDUCT.—
    • (a) A person who:
      • 1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
      • 2. Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct.
        • (b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
        • (c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  • (7) LEWD OR LASCIVIOUS EXHIBITION.—
    • (a) A person who:
      • 1. Intentionally masturbates;
      • 2. Intentionally exposes the genitals in a lewd or lascivious manner; or
      • 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

    • (b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    • (c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  • (8) EXCEPTION.—A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.
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Rockledge, Florida 32955
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