Child Pornography & CSAM Defense

Effective July 1, 2026, Florida rewrote this entire area of law. The statutes no longer say “child pornography” — the term is now child sexual abuse material (CSAM) — and the 2026 legislation did far more than rename things: it raised felony degrees, created new mandatory minimum prison terms, and expanded what counts as transmission. If you are reading older information, it is now out of date.

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These cases are built on digital forensics, charged image-by-image, and prosecuted aggressively in Osceola and Orange County. They are also defensible, most often on grounds of who possessed what, knowingly, and how the evidence was obtained. Call or text 407-846-8008 before speaking with investigators — especially if agents have executed a search warrant at your home.

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The Current Offenses Under § 827.071 (Offenses On or After July 1, 2026)

• Use of a child in a sexual performance — § 827.071(2)(a). Employing, authorizing, or inducing a child to participate in a sexual performance (or consenting to it as a parent or guardian). Now a first-degree felony with a 15-year mandatory minimum for adult offenders.

• Aggravated use of a child under 12 — § 827.071(2)(b). New in 2026: the same conduct involving a child under 12 is a life felony with a 25-year mandatory minimum for adult offenders.

• Promoting a sexual performance — § 827.071(3). Producing, directing, or promoting such a performance. A second-degree felony, now with a 5-year mandatory minimum for adult offenders.

• Possession with intent to promote — § 827.071(4). A second-degree felony; possessing three or more copies of the same material is treated as evidence of intent to promote.

• Possession, control, or intentional viewing — § 827.071(5)(a). Knowingly possessing, controlling, soliciting, or intentionally viewing CSAM is now a second-degree felony — raised from a third-degree felony — punishable by up to 15 years per count.

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The date of the alleged offense controls. Conduct before July 1, 2026 is charged and sentenced under the prior law (possession was a third-degree felony with no mandatory minimum). In a case alleging conduct spanning that date, the charging dates deserve close scrutiny.

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Why the Counts Multiply So Fast

Two provisions turn one investigation into a prison-years arithmetic problem:

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• Per-image, per-child charging. Each image or video is a separate offense — and each child depicted within a single item is a separate offense.

• Reclassification under § 775.0847. If a defendant possesses 10 or more images and any one of them depicts a child under 12 (raised from under 5 by the 2026 law), sadomasochistic abuse, sexual battery, bestiality involving a child — or is any video of any length — every charge moves up one felony degree.

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Add the repeat-offender minimums of § 794.0116 (10 years for possession, up to 30 years for use of a child, for defendants with a prior qualifying conviction or withhold), and charging decisions alone can swing a case by decades. Contesting counts, dates, and image classifications is not paperwork — it is the defense.

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Related 2026 Changes You Should Know

• Transmission — § 847.0137. Now a second-degree felony with a 5-year mandatory minimum for adults, and “transmit” now reaches sharing cloud-storage links or login credentials, not just sending files.

• AI-generated material — § 827.072. Creating or transmitting computer-generated CSAM is now a second-degree felony. The age of AI imagery has arrived in Florida's criminal code.

• A narrow sentencing exception. Courts may waive certain mandatory minimums only on written findings that the child was 14 or older, the image was made with the child's permission, the defendant was no more than 4 years older, and the image was never promoted to anyone else — a provision aimed at teenage-relationship cases.

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How These Cases Are Defended

• The search. Most cases begin with a tip (often a CyberTipline report), an IP address, and a warrant. Defective warrants, stale probable cause, and overbroad searches are suppression targets — and suppression can end the case.

• Possession vs. presence. Shared computers, open Wi-Fi, roommates, malware, cache files, and peer-to-peer artifacts mean the State must connect a person — not a hard drive — to knowing possession. “Intentionally view” itself requires more than a single image.

• The forensics. File creation dates, access logs, and deletion records are expert territory. The State's examiner's conclusions deserve an independent review, not acceptance.

• Count and classification challenges. Is each charged item actually CSAM under the statutory definition? Is each “separate” count genuinely separate? Does the under-12 or video reclassification actually apply?

• Sentencing advocacy. Where evidence is strong, the difference between statutes, counts, and date ranges — and the narrow statutory exceptions — still separates vastly different futures.

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Frequently Asked Questions

Agents took my devices but didn't arrest me. Am I in the clear?

No. Forensic review takes months; charges typically follow. The pre-charge window is the most valuable time a defense lawyer ever gets — use it.

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Is looking at an image, without saving it, a crime?

Intentional viewing is expressly covered. The statute requires more than a single image and knowing, intentional conduct — which is exactly where real factual defenses live.

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Does a conviction require sex offender registration?

Yes. Every § 827.071 offense is a qualifying offense, and serious variants trigger predator designation and quarterly registration.

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What about images someone sent me that I never opened?

Unrequested, unopened material is generally not knowing possession. Preserve everything and get counsel immediately — how you respond can make or destroy that defense.

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Before You Say Anything

It is very hard to talk your way out of a CSAM investigation — but people talk their way into convictions every week. Call or text 407-846-8008 for a free, confidential consultation with former prosecutor Chad Seibel.

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Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.