In Louisiana State troopers arrested three men, seized numerous computers and storage devices which contained over one million illicit images.
Needless to say, these men are facing decades in prison.
As a Sarasota criminal defense lawyer, and a State and Federal Child Pornography defense attorney, I have seen a trend in child porn prosecutions. Here in Sarasota, the State is running up the sentencing guideline computation by filing dozens of second degree felony charges in kiddie porn cases. It is a third degree felony to possess an illegal child porn image or video. In almost every child porn case, the search warrant results in the seizure of hundreds of images. That is because now, in the age of the Internet, with a single click of a mouse, dozens if not hundreds of images can be downloaded instantly. The State can charge hundreds of individual counts as third degree felonies. This runs the guidelines for sentencing through the roof. Even worse, the State can file a second degree felony for each image if the person arrested possesses more than ten images and one of the ten involves a child engaged in sex (sexual battery). This can jack the guidelines even higher by scoring each individual image as a second degree felony, rather than a third. This results in sentencing guideline manipulation. This results in sentencing guideline manipulation
Child Pornography cases are tough.
The public opinion and bias makes trying them to a jury problematic. You have to find technical defenses such as search and seizure issues or other ways to win. Tough does not mean impossible. For over thirty years I have been taking on tough cases. If it was easy, every lawyer would do it.
If a loved one has been charged with possession of child pornography or charged with transmission of child pornography or need a second opinion and you want to discuss options call 941 366 3506 for a free consultation
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