Child Pornography Defense Lawyer in Miami

A Former Prosecutor’s Perspective on Miami-Dade’s Most Serious Allegations

Child pornography charges carry consequences that extend far beyond a courtroom verdict. Whether a case is headed to the Eleventh Judicial Circuit Court in Miami-Dade County or the U.S. District Court for the Southern District of Florida, the stakes are severe, and the investigation typically begins long before an arrest occurs. At The Law Offices of Eric M. Matheny, P.A., our sex crimes defense practice includes representation of individuals facing these allegations at both the state and federal levels.

If you or someone you know is under investigation or has been charged with a child pornography offense in Miami, contact our firm for a free case evaluation. We’re available 24 hours a day at (305) 504-6655.

Why Attorney Matheny’s Background Matters in These Cases

Eric M. Matheny is a former Assistant State Attorney with the Miami-Dade State Attorney’s Office. That experience means he has sat on the other side of these cases. He understands how prosecutors evaluate digital evidence, how they decide which charges to pursue, and where cases can be vulnerable. With more than 50 jury and non-jury trials behind him, he brings that prosecutorial insight directly into defense strategy.

Every case we handle receives an individualized approach. No two sets of circumstances are identical, and no client receives a generic strategy. Attorney Matheny is a member of The Florida Bar and the Florida Association of Criminal Defense Lawyers, and he applies that professional grounding to every stage of a case, from initial charge review through trial.

How These Charges Are Filed in Florida & Federal Court

Florida Statute 827.071, titled “Sexual performance by a child; child pornography; penalties,” defines child pornography offenses including possession, promotion, and production. One feature of Florida law that surprises many clients: knowingly possessing, controlling, or intentionally viewing this material is charged as a separate offense for each individual image or depiction under Section 827.071(5)(a). A case involving dozens of files can quickly become a multi-count indictment.

When a case involves internet transmission, cloud storage, or any other form of interstate activity, federal prosecutors may take jurisdiction under 18 U.S.C. Sections 2251, 2252, and 2252A rather than leaving it to state court. Miami-Dade cases with an internet component can land in the Southern District of Florida, where federal sentencing guidelines apply.

Penalties for a Child Pornography Conviction

The sentencing exposure in these cases is significant at both levels of court.

Florida State Penalties

• Simple possession, control, or viewing is a third-degree felony punishable by up to five years in prison and a $5,000 fine
• Possession with intent to promote is a second-degree felony carrying up to 15 years and a $10,000 fine; the law presumes intent to promote when someone possesses three or more copies
• Producing or directing a sexual performance by a child is also a second-degree felony punishable by up to 15 years under Florida Statute 827.071
• Under Florida Statute 775.0847, possessing 10 or more images involving certain aggravating content reclassifies the offense to the next higher felony degree

Federal Penalties

• A first-time production conviction under 18 U.S.C. Section 2251 carries a mandatory minimum of 15 years and up to 30 years
• Distribution or receipt convictions carry 5 to 20 years
• Simple possession can carry up to 10 years with no mandatory minimum

A conviction at either level requires registration as a sex offender in Florida. That registration affects where a person can live, work, and travel, and it follows them long after any sentence is served.

What Happens After an Arrest or During an Investigation

Investigations typically begin before any arrest. Law enforcement reviews computers, phones, and storage devices seized through search warrants, and by the time charges are filed, the government has often built a substantial evidentiary record. The earlier a defense attorney is involved, the more options may remain available.

We review the charges, investigate the evidence, and challenge police procedures where appropriate. We look specifically for constitutional issues, such as unlawfully obtained evidence or a defective warrant, that can support a motion to suppress. We also address collateral consequences early. The potential effects on employment, professional licenses, and immigration status are part of the strategic conversation before any plea is entered or a trial decision is made. Depending on the strength of the evidence, cases may resolve through negotiated agreements or proceed to trial.

Recognized Defense Strategies in These Cases

Each case presents its own facts, and the right defense depends on those facts. Several recognized strategies apply in this area:

• Lack of knowing possession: The law requires proof that a person knowingly possessed the material. If the accused didn’t know a file existed or contained illegal content, that element is contested.
• Shared or unsecured device access: When a computer, phone, or network was accessible to others, the evidence that the accused specifically downloaded or stored the material may not hold up.
• Motion to suppress: Evidence obtained without a valid warrant or in violation of constitutional protections can be challenged and potentially excluded before trial.
• Entrapment: In undercover sting operations, entrapment may be available as a defense when law enforcement induced a person to commit an offense they weren’t already predisposed to commit.

Start Your Defense With a Free Case Evaluation

These allegations move quickly once an investigation begins. Don’t wait to understand your options. We offer a free case evaluation, and we’re available around the clock to speak with individuals in Miami and throughout Miami-Dade County.

Call The Law Offices of Eric M. Matheny, P.A. at (305) 504-6655 to speak with our team today.