Under Florida law, it is unlawful for a person to knowingly possess a photograph, motion picture, exhibition, show, representation, or other presentation that, in whole or in part, he or she knows to include any sexual conduct by a child. A violation is a felony of the third degree, punishable by up to five years for each individual representation. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a separate offense.
Possession of child pornography typically false in the web of crimes labeled “cybercrimes.” The reason the crime is classified as a cybercrime is because the offense is committed through or facilitated by the use of Internet and computers or cell phones. With the proliferation of Internet crimes, law enforcement has caught on to investigating these types of crimes. By their very nature, however, cybercrimes have built in defenses that are difficult to disprove.
If you are charged with possession of child pornography or other cybercrime, you need someone who understands the complexities of the World Wide Web and can articulate your defense to the court. While at the State Attorney’s Office, Erick Cruz learned about the cutting edge technology used to investigate crimes taking place over the Internet. Erick Cruz also learned that there are many inherent weaknesses that exist when prosecuting a person for a cybercrime.
With this experience, Erick has successfully defended clients accused of possessing child pornography and other cyber crimes. Oftentimes, through persuasion, diligent investigation and skillful defense, he has obtained dismissals of these cases, reduced charges and reduced sentences. Also, with Erick’s advice and counsel, he can preserve your ability to seal and expunge your case.
Call Erick to discuss your case with him and find out how to get your case dismissed or charges and sentence reduced and arrest record sealed or expunged.