Florida Child Pornography Laws

Florida Statutes Title XLVI. Crimes § 827.071

1. 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; 2nd degree felony.
2. 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; 2nd degree felony.
3. 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; 2nd degree felony.
4. 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; 3rd degree felony.

• 2nd Degree Felony: Up to 15 years in prison and up to $10,000 in fines.
• 3rd Degree Felony: Up to 5 years in prison and up to $5,000 in fines.

In addition, convictions for some of the offenses related to child pornography require registration as sex offenders in the Florida Sex Offender Database.

• Entrapment by law enforcement officials might be a defense if the defendant can show that there was no predisposition to engage in the crime otherwise.
• Lack of knowledge or bona fide mistake regarding the participation of a child is not a defense to the promotion of child pornography.