Child Pornography Charges in Florida: What You Need to Know About the Law, Investigations, and Defenses

Facing a child pornography charge—more accurately called possession or distribution of Child Sexual Abuse Material (CSAM)—is one of the most devastating situations someone can experience under Florida law. Florida Statute 827.071 outlines severe penalties. Just viewing CSAM, even briefly, can result in years in prison, lifetime sex offender registration, and permanent damage to your reputation. But the truth is, these cases are often far more complex than they first appear.

At The Brancato Law Firm, P.A., we’ve represented individuals who were blindsided by CSAM investigations. Many of them had no prior record and no intent to harm anyone. In this post, we explain how these investigations unfold, what the law says, and the defenses that may apply.

Understanding Florida’s Child Pornography Law

Florida Statute 827.071 criminalizes more than just production of explicit content. The law includes:

• Possession or viewing of CSAM

• Promoting or producing performances involving children in sexual conduct

• Allowing or using a child to participate in such a performance

A “child” under this law is anyone under the age of 18. A sexual performance can be a photo, video, or live event showing actual or simulated sexual conduct—including lewd exhibition or physical contact that appears sexual.

Each image or video may count as a separate felony. When multiple minors are involved, charges can add up quickly—leading to dozens of counts and potential decades in prison.

What Is CSAM and How Are These Cases Discovered?

Child Sexual Abuse Material (CSAM) is the updated term for child pornography. It emphasizes that each file represents real harm to a child.

Federal law requires companies like Google, Facebook, Snapchat, and Dropbox to monitor and report any suspected CSAM found on their platforms. These companies send reports to the National Center for Missing and Exploited Children (NCMEC) through a secure CyberTipline.

Here’s what usually happens next:

• NCMEC evaluates the report.

• If credible, they forward it to law enforcement.

• Investigators issue subpoenas to identify the account or device owner.

By the time a person is contacted, the case is often well underway. Many are shocked to learn they’re under investigation and make statements without realizing the risk. These statements may later be used to suggest guilt—often unfairly.

Federal Programs Used in CSAM Investigations

Several national initiatives support law enforcement in these cases:

Child Victim Identification Program (CVIP)
This program helps match CSAM to known victims and assists in identifying new ones. It also trains officers and prosecutors to handle this sensitive material properly.

Child Exploitation Notification Program (CENP)
Run by the FBI, CENP keeps a central database of identified victims. It ensures victims are notified when their images appear in new cases.

Internet Crimes Against Children (ICAC) Task Force
ICAC is a nationwide network of 61 regional teams. These task forces use undercover operations and advanced forensic tools to identify and investigate suspects.

Common Defenses in Florida CSAM Cases

Despite how serious these charges are, legal defenses exist. The Brancato Law Firm, P.A. works to uncover flaws in how evidence was gathered and how the case is being presented.

Here are some of the most effective strategies:

1. Lack of Intent

Florida law requires proof that someone intentionally viewed CSAM. Accidentally clicking on an image or opening a file once is not enough. The State must prove repeated, voluntary actions that show intent.

2. Malware or Inadvertent Downloads

In many cases, CSAM enters a person’s device through malware, file-sharing networks, or automatic cloud syncing. Our digital forensic experts can determine whether:

• The content was ever opened

• It was saved or sorted

• Malware or external access was involved

3. Overbroad or Invalid Search Warrants

If law enforcement failed to follow legal procedures while collecting evidence, that evidence may be excluded. We review all warrants to ensure they meet constitutional standards.

4. Entrapment by Law Enforcement

In sting operations, it’s possible that law enforcement created a situation where the accused was pushed into committing an act they would not have done on their own. Florida law allows both objective and subjective entrapment defenses, depending on the facts.

Consequences of a CSAM Conviction

Penalties under Florida Statute 827.071 include:

• Second-degree felony: Up to 15 years for promoting, producing, or using a child in a sexual performance

• Third-degree felony: Up to 5 years per count for possession or viewing

• Mandatory sex offender registration

• Permanent criminal record

However, an early and strategic legal response can alter the course of your case. Our firm focuses on challenging weak evidence, faulty assumptions, and unfair procedures.

You Have Options. Let Us Help.

We’ve seen the shame and isolation that follow these accusations. Even when no real child was harmed—or when the content was never deliberately sought out—people suffer.

But guilt isn’t automatic. Many of these investigations are based on faulty digital analysis or overreach by police.

At The Brancato Law Firm, P.A., we specialize in complex sex crimes and child abuse cases. Our team works closely with experts and knows how to break down digital evidence for judges and juries.

Contact The Brancato Law Firm, P.A. Today

If you’ve received a search warrant, been contacted by law enforcement, or already face arrest, do not speak to investigators without legal representation. These cases escalate fast, and by the time you’re involved, the government has already formed a theory of guilt.

Call us at 813-592-8981 for a private consultation. We serve clients in Tampa, Hillsborough County, Pinellas County, Polk County, and across the Tampa Bay area.

Let our 25+ years of experience help protect your future.

Frequently Asked Questions (FAQ)

What is child pornography legally called in Florida?
Florida now refers to child pornography as Child Sexual Abuse Material (CSAM) to reflect the ongoing harm to the victims.

What does Florida Statute 827.071 prohibit?
This statute criminalizes the possession, viewing, production, promotion, and distribution of CSAM. It also prohibits using or allowing a child to participate in any sexual performance.

How does Florida define a “child” under this law?
A child is anyone under the age of 18.

Can simulated or digitally altered images lead to charges?
Yes. Even images that are altered or simulated—if they involve identifiable minors—can result in prosecution.

How are CSAM cases usually discovered?
Most cases begin when electronic service providers (ESPs) like Google, Dropbox, Snapchat, or Facebook detect and report CSAM on their platforms. These reports go to the National Center for Missing and Exploited Children (NCMEC).

What does NCMEC do with these reports?
NCMEC evaluates the reports and, if credible, forwards them to law enforcement for investigation.

What is the Child Victim Identification Program (CVIP)?
CVIP helps law enforcement match CSAM with known victims and identify new victims. It also trains professionals on handling CSAM-related evidence.

What is the Child Exploitation Notification Program (CENP)?
CENP, operated by the FBI, maintains a national database of identified victims. It ensures victims are notified when their images appear in new federal cases.

What is the Internet Crimes Against Children (ICAC) Task Force?
ICAC is a nationwide network of task forces that investigate CSAM offenses using undercover stings, forensic tools, and surveillance techniques.

What is a common defense against CSAM charges in Florida?
A key defense is lack of intent. If someone viewed material accidentally or only once, it may not meet the legal requirement of intentional viewing.

Can malware or unintentional downloads be a defense?
Yes. If malware or cloud-syncing software downloaded CSAM without your knowledge, and the material wasn’t opened or saved intentionally, it can be a strong defense.

What happens if law enforcement used an improper search warrant?
If the warrant was overly broad or didn’t meet legal standards, the court may suppress the evidence, possibly leading to a case dismissal.

What is entrapment in a CSAM case?
Entrapment occurs when law enforcement persuades or pressures someone to commit a crime they otherwise wouldn’t have. Florida law recognizes both objective and subjective entrapment defenses.

What are the penalties for producing or promoting CSAM in Florida?
Producing or promoting a sexual performance involving a child is a second-degree felony, punishable by up to 15 years in prison per count.

What are the penalties for possessing or viewing CSAM?
Possession or intentional viewing is a third-degree felony, punishable by up to 5 years in prison per image or video.

Will I have to register as a sex offender?
Yes. A conviction for any CSAM-related offense usually requires lifetime sex offender registration in Florida.

What should I do if contacted by police or served with a warrant?
Do not speak to anyone before contacting an experienced criminal defense attorney. Early legal intervention can make a critical difference.

Where does The Brancato Law Firm, P.A. handle these cases?
We represent clients throughout Tampa Bay, including Hillsborough, Pinellas, and Polk Counties.

How can I schedule a confidential consultation?
Call 813-592-8981 to speak with our team. We’ll help you understand your rights, evaluate your case, and build a strategic defense.