What is the Sentence for Possession of Child Pornography?
Possessing child pornography is one of the most aggressively prosecuted crimes out there on both the state and federal level. Florida lawmakers are even pressing to increase the sentence if the material depicts a child under the age of five.
Child Pornography Crimes in South Florida
In Port St. Lucie, Sheriff’s investigators used a battering ram to open the front door of Joseph D. Baldino’s home Friday night. Baldino, 30, has been arrested and is facing 10 counts of possession of child pornography based on 10 videos and still images found on Baldino’s laptop computer showing girls ages 4 to 12 in obscene poses, according to WPTV News.
He is being held in jail for a $250,000 bond. Baldino’s father was arrested for resisting arrest without violence and has been released on a $500 bond.
Child Pornography is defined as any depiction whether it be photographs, motion pictures, or other representations, of a minor under 18 engaging in sexual behavior or in sexually suggestive poses. Possession of child pornography is considered a third-degree felony with a punishment of up to five years in prison for each individual image. In Baldino’s case, he could be looking at 50 years in prison for the 10 images he had in his possession.
Child Pornography Defense
Generally police use IP routing to investigate violators. If you have deleted anything from your computer, experts can find evidence from your hard drive. However, the government must prove it was in your possession beyond a reasonable doubt, which is not always the case.
An experienced criminal defense lawyer may be able to prove that the material is not “obscene,” the person depicted in the image is not a minor, the wrong person was arrested, or the evidence was illegally confiscated and is inadmissible.
Internet child pornography is a very serious crime in Palm Beach County. If you have been arrested and charged with possession of Internet child pornography, you need to protect your rights. Protect your name and reputation. Hire a qualified criminal defense attorney who has Internet child pornography experience as soon as possible.