Sexual Exploitation

Sexual Exploitation Defense Attorney in Clermont

Serious § 827.071 Charges Require a Precise Review of What the State Is Alleging

Florida law treats allegations involving the use or promotion of a child in a sexual performance differently from simple possession or viewing of prohibited material. The exact subsection charged can affect the felony classification, mandatory minimum exposure, registration consequences, and evidence the prosecution must prove.

At The Law Offices of Justin Rickman, we provide tough, discreet criminal defense for people accused of serious sex offenses in Clermont, Lake County, and throughout the Four Corners region. Our attorneys bring more than 40 years of combined legal experience to criminal cases, and we approach these allegations with the presumption of innocence and a careful review of what the evidence actually supports.

Call (888) 835-5840 or contact us online for a free, confidential consultation about sexual exploitation charges in Clermont.

What Florida Statute § 827.071 Prohibits

Florida Statute § 827.071 covers several different offenses involving sexual performances and child sexual abuse material.

For purposes of the statute, a child or minor is a person younger than 18. A sexual performance is a performance or part of a performance that includes sexual conduct by a child.

The specific allegation matters because using a child in a sexual performance, promoting a performance, possessing material with intent to promote it, and possessing or intentionally viewing child sexual abuse material are separate statutory violations.

Use of a Child in a Sexual Performance

A person can be charged with use of a child in a sexual performance when the state alleges that the person knowingly employed, authorized, or induced a child to engage in the performance, or, as a parent, guardian, or custodian, knowingly consented to the child's participation.

The offense is a first-degree felony. For an adult defendant, Florida law generally imposes a 15-year mandatory minimum term of imprisonment, subject to a narrow statutory exception based on specific circumstances.

Aggravated Use of a Child Under 12

Florida separately classifies aggravated use of a child in a sexual performance when the alleged child is younger than 12.

That offense is a life felony. For an adult defendant, the statute generally requires a 25-year mandatory minimum term, subject to the statutory exception when its requirements are met.

Promoting a Sexual Performance by a Child

A person may face a separate charge for knowingly producing, directing, or promoting a performance that includes sexual conduct by a child.

Promoting a sexual performance is a second-degree felony. For an adult defendant, the statute generally includes a five-year mandatory minimum, subject to the statutory exception.

Because these offenses have different elements and sentencing consequences, the charging document should guide the defense analysis from the beginning.

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How These Charges Differ from CSAM Possession or Viewing

Florida now uses the term child sexual abuse material, or CSAM, in its statutes. Older court decisions, websites, and search terms may refer to the same category of material as child pornography.

Knowingly soliciting, possessing, controlling, or intentionally viewing CSAM is separately addressed by § 827.071(5). Current Florida law classifies that offense as a second-degree felony, and individual images or presentations can support separate counts under the statute.

Cases centered on possession, viewing, downloading, or sharing prohibited material raise their own digital-forensics and knowledge issues. Our child sexual abuse material defense page addresses those allegations in greater detail.

Florida also has a separate statute for generated CSAM involving computer-generated depictions of fictitious minors. That law should not be confused with § 827.071 material involving an actual or identifiable minor.

What the Prosecution Must Establish

The existence of a file, photograph, video, account, or device does not by itself establish every element of a § 827.071 offense.

Depending on the subsection charged, the prosecution may need to establish facts involving:

The defendant's knowledge of the character and content of the material or performance
Whether the person depicted met the statutory definition of a child
Whether the alleged conduct constituted a sexual performance or sexual conduct under Florida law
Whether the defendant used, authorized, induced, produced, directed, promoted, possessed, or controlled the material as alleged
Whether digital evidence can reliably be attributed to the accused person

A defense should begin with the actual statutory allegation rather than assuming that every case involving electronic material is legally the same.

Digital Evidence, Devices & Search Warrants

Many § 827.071 investigations involve phones, computers, cloud accounts, messaging applications, online storage, or social-media records.

Investigators may seek search warrants for a home, device, account, or electronic records held by a service provider. The warrant and the manner in which it was executed can become important parts of the defense review.

Depending on the allegations, our analysis may address who had access to a device or account, how files were created or transferred, whether account activity can be attributed to a particular user, and whether investigators remained within the lawful scope of a search.

Digital evidence must be considered in context.

An IP address can identify a connection associated with online activity, for example, but additional evidence may be necessary to establish who actually used a device or account at a particular time.

Investigations Can Begin Before an Arrest

A person may learn about a sex-crime investigation before formal charges are filed.

Law enforcement may request an interview, seek consent to search a device, execute a warrant, or contact other people connected with the investigation.

Statements and consent decisions made during this stage can affect what evidence becomes available later.

Anyone who learns that investigators are examining allegations involving a child or electronic sexual material should seek legal advice before answering substantive questions or voluntarily consenting to a search.

You are not required to build the prosecution's case for it.

Sex Offender Registration & Criminal Record Consequences

A conviction under § 827.071 can trigger Florida sex-offender registration requirements.

Registration can create ongoing reporting obligations and other significant consequences long after the criminal case is resolved. The exact requirements depend on the offense, disposition, sentence, and applicable registration statutes.

These offenses also create substantial record-relief concerns.

Florida law lists sexual performance by a child under § 827.071 among offenses that can make a criminal history record ineligible for court-ordered sealing or expungement after a qualifying conviction or plea.

A case that is dismissed, dropped, or ends without a qualifying conviction can present a different eligibility analysis. Our Florida expungement practice explains the broader requirements for record relief.

How Our Clermont Defense Team Approaches Serious Sex Charges

Sex-crime allegations can involve complicated statutes, sensitive accusations, digital evidence, and severe sentencing consequences.

Our defense team begins by identifying the precise charge and separating what the prosecution alleges from what the available evidence can actually prove.

brings more than 40 years of combined legal experience to its cases. Our founder has practiced for more than two decades, and a litigation attorney on our team spent nearly a decade as a public defender handling serious criminal cases in Central Florida.

We explain the strongest and weakest parts of the case in plain language rather than promising a particular outcome.

Before hearings or trial, we prepare clients for the process, the issues likely to arise, and the decisions they may need to make. Communication continues as the case develops so clients understand what is happening rather than being left to interpret legal developments on their own.

Frequently Asked Questions

Is “Sexual Exploitation” One Specific Criminal Charge in Florida?

Not necessarily. Florida law contains several offenses that can be described as sexual exploitation, and the phrase can also appear in statutes addressing human trafficking. For a criminal defense case, the actual statute and subsection listed in the charging document determine the elements and possible penalties.

Is Possessing CSAM the Same Charge as Using a Child in a Sexual Performance?

No. Florida Statute § 827.071 contains separate offenses. Use of a child in a sexual performance, promoting a performance, possession with intent to promote, and knowing possession or intentional viewing of CSAM have different elements and penalties.

Can Each Image Support a Separate Criminal Charge?

Under § 827.071, separate qualifying images or presentations can support separate offenses in a possession, solicitation, control, or intentional-viewing case. The statute can also treat each child depicted within qualifying material as a separate offense in certain circumstances.

Does a § 827.071 Conviction Require Sex Offender Registration?

Section 827.071 is among the offenses identified in Florida's sexual-offender registration statute. Whether and how registration requirements apply should be evaluated from the precise conviction, disposition, age-related findings, and sentencing information.

Can a Sexual Performance By a Child Charge Be Sealed or Expunged?

A qualifying conviction or plea for § 827.071 can make the record ineligible for ordinary Florida court-ordered sealing or expungement. Cases that are dropped, dismissed, or result in another disposition require a separate eligibility review.

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A free consultation provides an opportunity to discuss an accusation, investigation, or arrest confidentially with our defense team. Information submitted through our contact form can help us assess the available facts, explain the immediate process, and identify decisions requiring attention.

Our sexual exploitation defense lawyers in Clermont provide direct answers, realistic expectations, and ongoing communication throughout serious criminal cases.

Call (888) 835-5840 now to speak with our Clermont criminal defense team about your case.

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