Florida Criminal Attorney Blog
A registered sex offender in Gainesville has been charged with possession of child pornography after police allege he had many illegal images on his cellphone. According to an arrest report, an investigation is also underway into whether he had sex with a child.
The 23-year-old man was charged with possessing photographs of sexual performances by children, a Gainesville Police Department report states.
The photographs allegedly show a child who appears to be prepubescent having sex with a man. Other alleged photos of a sexual nature involving children were also found.
The arrest report claims that the man admitted to downloading and viewing the other images of a sexual nature.
Police were apparently alerted to the man through calls to authorities regarding his downloading images and having urges for sex with a boy, according to a dispatch log.
During a police interview, the man allegedly confessed that he had sex with an unidentified 9-year-old, the report states. That case is currently under investigation.
Records from the Florida Department of Law Enforcement show the man was convicted in 2010 of lewd and lascivious battery on a victim under the age of 16 and lewd and lascivious molestation on a victim under the age of 12. The cases were in Levy County.
Either state or federal authorities can prosecute child pornography cases, however, in recent years, the majority of cases involving child porn have been brought in federal courts. Federal sentencing guidelines are much more severe than similar prosecutions in state courts. The prosecution of federal child pornography and other types of sex crime cases has significantly increased in the past decade, with 86 cases in 1995 to 1,769 cases in 2013.
Prosecutors in federal child pornography cases are quite aggressive, seeking years in prison for even the mere possession of illegal pictures. State cases tend to end in probation or shorter jail terms, but federal child porn offenses carry mandatory minimum sentences. In order to avoid the harsh consequences of a conviction, it is essential to not speak to police or prosecutors about your case without first seeking the advice of a criminal defense lawyer who has experience handling child pornography cases. Even if you are under investigation for child porn charges, you are still presumed innocent until proven guilty, but your case must be handled very carefully in order to achieve a favorable outcome.
If you or a loved one is charged with child pornography, or under investigation for a similar sex offense, then you must protect your rights. Facing criminal charges can be a life altering experience. An Alachua County Sex Crimes Defense Lawyer at Whittel & Melton can handle both state and federal charges. Call us today at 352-264-7800 or contact us online for a free consultation so that you can learn how to protect your rights, your reputation and your future.