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The Florida Bar

Best Defenses to Possessing Child Pornography

Many defenses that seem logical following a child pornography arrest, are prohibited from being asserted as a matter of law.

Child pornography is often distributed by email or through mobile phone messaging services. It is important not to click on links that prompt you to download any child pornography. Do not print, or copy, or download child pornography, or forward any email that has such content. If you receive any such emails, the best course of action would be to leave it in your inbox and contact the authorities. If you come across websites of child pornography, while browsing, note down the website address, and inform the authorities. As a parent, you can educate your teenage children about the severity of charges they can face if they are caught “sexting” or distributing inappropriate images. –Florida Sex Lawyer Jim Weick


Not having knowledge or making a mistake cannot be used as defenses for charges of promoting child pornography. It cannot be claimed that the lewd image of the child was taken inadvertently. However, if the image does not fit the purview of sexual conduct, the defense of the content being child erotica can be made. It is therefore important to know and classify what images are considered child erotica, as this form of photography is not illegal. Lack of intent and predisposition can also be solid and genuine defenses if there is reason to believe there was deliberate entrapment by law enforcement. If you have questions, call Florida’s Sex Lawyer, Jim Weick Attorney Jim Weick, Sex Offense Defense 100 SE 3rd Ave. Suite 2024 Fort Lauderdale, FL 33301 888-606-5176 majorcrimeslawyer@gmail.com

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