Man Faces Child Porn Charges After Cruise
A Tennessee man is facing child porn charges in Florida. He was on a cruise ship when he was inspected by U.S. Customs and Border Protection officers.
The 48-year-old man arrived at PortMiami following a cruise. When leaving the ship, he was selected for secondary inspection by the officers. They searched his phone and found several images of child pornography.
During questioning, the man admitted he knew there was child porn on the device. The man has fostered around 20 children at his home in Tennessee in the past seven years. It was not noted if any of the images were of those children.
The man was charged with child porn possession as well as transportation of child porn. He is currently being held in the Broward County Jail.
Child Pornography Charges in Florida
Child pornography laws in Florida criminalize actions beyond creating or distributing such content. For example, someone can be guilty if they authorize or induce a minor to take part in a sexual performance, direct or promote such performance, or possess, control, or view materials showing minors in sexual acts. Under both Florida law and federal law, “child pornography” involves any image depicting a minor in sexual conduct.
Key Defenses in Child Pornography Cases
Child pornography charges are among the most severe criminal allegations one can face. Even being accused can have long-lasting negative impacts. But there are several possible defenses that might be raised in such cases. Below are some of the main ones:
- Lack of intent. The prosecution must prove you intended to possess or distribute the material. If you share a computer, someone else could have downloaded the material without your knowledge. That lack of knowledge can serve as a defense. Similarly, if you clicked on something without knowing what it was (such as a link that turned out to be child pornography), that can undercut the intent requirement.
- Not actually child pornography. For something to be illegal under child porn laws, it must involve a minor (under the legal age) in sexual content. If the material in question doesn’t meet the legal threshold (such as the person in the image/video isn’t under the age required by law), then the charge may not stand.
- Unlawful search and seizure. Law enforcement must follow strict legal procedures in searching property and seizing evidence. If they did not obtain a proper warrant, or didn’t follow due process in how they performed the search, the evidence gathered may be excluded. Without that evidence, the case against the defendant may weaken significantly.
Contact a Legal Professional for Help
Child porn crimes are punished severely. A person who has these images in their possession and has been around children in their home will likely be scrutinized carefully.
Someone in this situation could face felony charges. Your life could change forever. A Florida child pornography lawyer from the Law Offices of Gilbert A. Schaffnit can assess your case and provide you with a solid defense. To schedule a consultation, call (352) 505-1799 or fill out the online form.
Source:
wcyb.com/news/local/kingsport-man-facing-child-porn-charges-in-florida-following-cruise
