If you are looking for a Florida child pornography lawyer, you already know what is at stake. An accusation involving child pornography, which Florida law now calls child sexual abuse material (CSAM), is among the most serious a person can face. Since July 1, 2026, the penalties are higher. Possession is a second-degree felony punishable by up to 15 years in prison for each image, and sharing an image can carry a five-year mandatory minimum.
Goldman Wetzel defends these cases in state and federal court across Tampa Bay. Attorney Summer Goldman is a former prosecutor who knows how the State builds its case. If detectives have contacted you, searched your home, or taken your phone or computer, call 727-828-3900 before you speak with anyone. The consultation is confidential.
Under investigation? What to do right now
Call a Florida child pornography lawyer before an arrest.
Most people learn of an investigation when officers arrive with a search warrant or ask for “a quick conversation.” Charges often come months later, after a forensic examination of the devices. What you do in between matters.
- Do not answer questions. Be polite, say you want a lawyer, and stop. Detectives may downplay the situation to keep you talking.
- Do not delete anything. Deleted files are usually recoverable, and wiping a device can lead to a separate charge of tampering with evidence.
- Do not consent to a search. If officers have a warrant, do not interfere. If they do not, you can say no. Do not volunteer passcodes before speaking with a lawyer.
- Do not discuss the case with anyone but your lawyer. Texts, calls, and online messages can become evidence.
- Call a defense lawyer before an arrest. Early involvement lets us handle investigators for you, preserve evidence that helps you, and prepare for surrender and bond if charges are filed.
Searched, questioned, or contacted by detectives? Speak with a defense lawyer before you speak with investigators.
Child pornography or CSAM: the same charge under a new name
In 2026, Florida replaced the term “child pornography” in its statutes with “child sexual abuse material,” or CSAM. Federal law, older Florida cases, and many police reports still say child pornography. Both terms describe the same charge.
Under section 827.071, Florida Statutes, child sexual abuse material is any image depicting a person younger than 18 engaged in sexual conduct. It includes an image altered or edited to portray an identifiable minor. Photos, videos, saved files, and streamed content all count.
A separate law, section 827.072, covers AI-generated images of fictitious minors.
Florida child pornography and CSAM charges and penalties
Florida raised the penalties for these offenses on July 1, 2026. The table shows the law for conduct on or after that date.
| Charge | Statute | Degree | Maximum prison | Mandatory minimum |
|---|---|---|---|---|
| Possessing, controlling, soliciting, or intentionally viewing | § 827.071(5)(a) | Second-degree felony | 15 years per count | None, unless there is a prior sex offense conviction |
| Possessing with intent to promote | § 827.071(4) | Second-degree felony | 15 years | None, unless there is a prior sex offense conviction |
| Promoting: producing, directing, sending, sharing, or posting | § 827.071(3) | Second-degree felony | 15 years | 5 years |
| Transmitting by electronic device, including sharing a cloud link | § 847.0137 | Second-degree felony | 15 years | 5 years |
| Using a child in a sexual performance | § 827.071(2)(a) | First-degree felony | 30 years | 15 years |
| Aggravated use of a child younger than 12 | § 827.071(2)(b) | Life felony | Life | 25 years |
| AI-generated material: possessing or intentionally viewing | § 827.072 | Third-degree felony | 5 years per count | None |
| AI-generated material: creating or transmitting | § 827.072 | Second-degree felony | 15 years | None |
The mandatory minimums apply to a person who was 18 or older at the time of the offense. A second-degree felony also carries a fine of up to $10,000 per count.
Conduct before July 1, 2026 falls under the earlier law, when possession was a third-degree felony with a five-year maximum. The date of the alleged conduct can change the entire case.
How one case becomes decades of exposure
The numbers in the table are per count, and prosecutors rarely charge these cases as a single count.
- Every image is a separate charge. So is every child in an image. Ten images can mean ten second-degree felonies and 150 years of exposure on paper.
- Certain content raises the degree. Under section 775.0847, a charge moves up one degree when a person has 10 or more images and at least one shows a child younger than 12, sadomasochistic abuse, sexual battery, bestiality, or any video. Possession then becomes a first-degree felony punishable by up to 30 years.
- A prior sex offense conviction triggers long mandatory terms. Under section 794.0116, the minimum is 10 years for possession or transmission, 15 years for possession with intent to promote, 20 years for promoting, and 30 years for using a child in a sexual performance. Gain-time does not reduce those terms.
The five-year and 15-year minimums have one narrow exception. A judge may sentence below the minimum after finding, in writing, that the child was at least 14, the image was created with the child’s permission, the accused was no more than four years older, and the image was not shared with any third party. It fits some cases between young people close in age and few others.
Consequences beyond prison
A conviction for a child pornography or CSAM offense follows a person long after the sentence ends.
- Sex offender registration. A conviction under section 827.071 requires registration as a sex offender in Florida, in most cases for life.
- Sex offender probation. Supervision can include a curfew, mandatory treatment, limits on internet use, and restrictions on where you live and work.
- Career and licensing. Professional licenses, security clearances, and many jobs are at risk from the arrest alone.
- Family and immigration. A case can affect child custody and time-sharing, and for a non-citizen it can lead to removal.
These consequences are a reason to involve a Florida child pornography lawyer before charges are filed.
Federal child pornography charges
The same conduct can be prosecuted in federal court under 18 U.S.C. §§ 2251, 2252, and 2252A, usually because the internet was involved. The FBI and Homeland Security Investigations handle many of these cases. In Tampa Bay, they are filed in the United States District Court for the Middle District of Florida.
- Receipt, distribution, or transportation: a five-year mandatory minimum and up to 20 years.
- Possession: up to 10 years, or up to 20 years if an image shows a prepubescent child or a child younger than 12.
- Production: 15 to 30 years.
Prior sex offense convictions raise each range, and supervised release after prison runs from five years to life. Because downloading a file can be charged as receipt, a federal case that looks like simple possession often carries the five-year minimum.
Florida and the federal government can each prosecute the same conduct. Whether a case stays in state court or goes federal can significantly change sentencing exposure. Goldman Wetzel defends clients in both, so your Florida child pornography lawyer stays with the case wherever it is filed.
How child pornography and CSAM investigations start
Few of these cases begin with a complaint from someone who knows the accused. Most begin with data.
- CyberTips. Federal law requires email, cloud storage, social media, and messaging companies to report suspected material to the National Center for Missing and Exploited Children. The tip goes to a local Internet Crimes Against Children task force, which subpoenas the account records and seeks a search warrant.
- File-sharing networks. Investigators run software that logs the internet addresses of computers sharing known files on peer-to-peer networks.
- Undercover operations. Officers pose as traders or as minors in chat rooms and on apps.
- Reports from someone with access to a device. A partner, relative, co-worker, or repair technician finds something and calls the police.
In each of these, the evidence points first to an account or an internet connection. Proving who was using it is a separate question, and often the central one.
How we defend child pornography and CSAM charges
The State must prove beyond a reasonable doubt that you knowingly possessed the material and knew what it was. You do not have to prove anything. Every case is different, but these are the questions we examine first.
- Who was using the device? An internet address identifies a subscription, not a person. Shared computers, shared Wi-Fi, roommates, and guests all matter.
- Did you know the files were there? Browser caches, thumbnails, bulk downloads, files saved automatically from group chats, and fragments in deleted space do not by themselves show knowing possession.
- Was the search lawful? We review the warrant, the information behind it, how old that information was, and whether officers stayed within its limits. We move to suppress evidence obtained through an unlawful search.
- Does the forensic work hold up? We can retain an independent examiner to test the State’s conclusions about file dates, whether files were opened, and how they reached the device.
- Does the image meet the legal definition? The State must prove the person shown was under 18 and that the image shows sexual conduct as the statute defines it.
- Can your statements be used? We examine whether questioning complied with Miranda and whether any statement was voluntary.
- Is the charge intentional viewing? The statute requires proof of more than a single image for that charge.
When the evidence is strong, the work shifts to the sentence: reducing the number of counts, avoiding a higher degree or a mandatory minimum, and presenting mitigation, including a psychosexual evaluation where it helps.
Why Goldman Wetzel
- A former prosecutor on your side. Summer Goldman prosecuted cases before she defended them. She knows how charging decisions are made and where a case can be challenged.
- State and federal defense. We represent clients in Florida circuit courts and in federal court in Tampa, so the same attorneys stay with a case if it moves between the two.
- Two attorneys on every case. Summer Goldman and Maribeth Wetzel work as a team, so both partners are involved in every case the firm takes.
- Discretion. We know what an accusation alone can do to a career and a family. Everything you tell us is confidential, and we do not judge the people who call us.
- Local. We have offices in St. Petersburg, Tampa, and Bradenton and appear regularly in Pinellas, Hillsborough, Manatee, and Sarasota Counties.
Frequently asked questions
Is child pornography the same as child sexual abuse material in Florida?
Yes. Florida statutes now use “child sexual abuse material,” and federal law still uses “child pornography.” Both terms describe the same material, depending on what appears in the paperwork.
Will I go to prison for a first possession charge?
Not automatically. Possession has no mandatory minimum for a person without a prior sex offense conviction. But each image is a separate second-degree felony, and Florida’s sentencing scoresheet can call for prison, particularly when many images are charged. The outcome depends on the evidence, the number of counts, and the work done before sentencing.
Police took my phone or computer but did not arrest me. What happens next?
A forensic examination comes next, and it commonly takes months. An arrest can follow long after the search, so silence from investigators does not mean the case is closed. This is the best time to hire a lawyer.
What if I received or downloaded an image by accident?
The law punishes knowing possession, not accidents. Do not forward the image to anyone, even to show them what you received, because sending it is its own crime. Florida law gives some protection to a person who reports material to law enforcement in good faith, but it is not blanket immunity from prosecution. Speak with a lawyer before you contact the police.
Can I be charged in both state and federal court?
Yes. Florida and the federal government are separate governments, and each can prosecute the same conduct.
Is AI-generated child pornography illegal in Florida?
Yes. Possessing or intentionally viewing a generated image of a fictitious minor is a third-degree felony, and creating or transmitting one is a second-degree felony. An edited image that portrays a real, identifiable minor is treated as child sexual abuse material itself.
Is there a statute of limitations?
For possession, the State generally has three years to file charges, or four years for a first-degree felony. Under section 775.15, there is no time limit for a life felony, or for using a child in a sexual performance or promoting one when the accused was an adult. Federal child exploitation offenses generally have no time limit.
Talk to a Florida child pornography and CSAM defense lawyer
The earlier a defense lawyer is involved, the more options there are. If you are under investigation or have been charged with possessing, promoting, or transmitting child pornography or child sexual abuse material, call Goldman Wetzel at 727-828-3900 or contact us online for a confidential consultation.
We represent clients in Pinellas, Hillsborough, Manatee, and Sarasota Counties and in federal court in Tampa.
Under Investigation or Charged? Talk to Us First.
Contact Goldman Wetzel for a confidential consultation about a child pornography or child sexual abuse material (CSAM) case in state or federal court. For other charges, see our Florida sex crimes lawyer page.