Florida prohibits child exploitation using computer pornography, using a computer, or traveling to meet a minor. This law also penalizes owners of computer services if they knowingly permit their services to be used for the exploitation of children.
Florida’s child exploitation laws prohibits a person from using a computer for purposes of encouraging sexual conduct with a child:
Using any computer device or service to transmit, compile, reproduce, print, publish, sell, purchase, exchange, or disseminate information or material relating to a child such as phone number, address, contact information, description of physical characteristics or any other information in order to facilitate, offer, or encourage sexual conduct with a child or a visual representation of such an act will be considered to have committed a third degree felony. In such cases, the fact that a law enforcement official was working undercover to locate the offender is not sufficient reason to disregard the evidence or a valid defense.
Besides, a person who knowing uses a computer or a computer storage device or computer service to solicit, lure, or entice a child or attempt to solicit, lure, or entice a child to participate in a sexual act that is unlawful shall be accused of child exploitation and charged with Obscenity under Florida Statute 847.0135.
“In such cases, the accused cannot defend themselves by claiming that the person so enticed was not a child if they believed they were soliciting a child. In such cases evidence provided by a law enforcement official working undercover shall be admissible in court under Florida law.”
Under Florida law against child exploitation, a person is convicted of third degree felony for such crimes. However, if the person has misrepresented their age when committing such actions, they can be convicted of second degree felony. When convicted of a third degree felony, the accused faces imprisonment of up to five years or a fine of $1,000, while a second degree felony conviction can lead to imprisonment of up to 15 years or a fine of $10,000.
“When it comes to child exploitation laws, each use of the computer or computer service as well as every separate picture or act constitutes a separate offence that will be penalized individually.”
Apart from prohibiting and penalizing the use of computers and other devices to solicit or lure a child into sexual activity, Florida law also prohibits and penalizes the travel to meet a minor. This law can be applied to those who travel within the state, travel from the state to other destinations, and enter the state to engage in acts of exploiting a child. A person found guilty of such acts is convicted of a second degree felony and penalized accordingly in Florida.
Florida Sex Crimes Attorney on Computer Transmission:
Florida law against the exploitation of children also prohibits the transmission of masturbation and other lewd acts over the computer or Internet if the person doing so has reason to believe or can be expected to have reason to believe that the transmission can be viewed by a child less than 16 years old.
“In such cases, if the offender is more than 18 years old, they are convicted of a second degree felony, while someone less than 18 years old is or can be convicted of a third degree felony.”
Florida law against exploitation of children also punishes owners of computer services who knowingly allow their services be used for the pursuance of such prohibited acts. In such cases, the owners are convicted of a first degree misdemeanor and fined a maximum of $2,000.
Florida law uses these provisions to safeguard children from sexual exploitation by the use of computers, computer devices, and telephones.
Fla. Stat. 847.0135 Computer pornography; prohibited computer usage; traveling to meet minor; penalties.
any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.
live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.