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Imagine if a teacher had a sexual relationship with a 16-year-old student. What if he or she had nude pictures on their phone, sent them to their child’s mother, and continued to talk to the mother about the relationship? If the teacher knew that the mother was a minor, this would be child pornography, regardless of whether the conversation occurred.
The Law Office of John F. Harker has over 30 years of experience in the representation of defendants facing serious criminal charges and we have successfully represented many people facing child pornography charges.
This is also true if a minor sent a picture of himself or herself to his or her boyfriend, even if the minor was not the subject of the nude photograph. In either case, the minor would face felony charges.
One of the differences between Florida and some other states is that if an adult knowingly receives a nude picture of a child, it is considered a third-degree felony. If the adult does not know that the photo is child pornography, it is a third-degree misdemeanor.
Third, a person who knowingly possesses, or sends or transmits in interstate commerce any visual depiction of a minor engaged in sexually explicit conduct, including a visual depiction that has been transported or shipped in interstate or foreign commerce or mailed, or which was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or that was produced or transmitted using materials that have been shipped or transported in interstate or foreign commerce or mailed, shall be... (2) fined under this title, imprisoned not more than 10 years, or both.
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