Child Exploitation is the use of prurient or obscene graphic or auditory material of a minor, or the unlawful showing of a minor to others in a sexual or prurient manner. It is a criminal act for an adult to facilitate the exploitation or exhibition of children. To prove the criminal offense of Child Exploitation, the State Attorney must prove beyond a reasonable doubt that the criminal suspect knowingly promoted, conducted, performed, or participated in an obscene, lewd, lascivious, or indecent show, exhibition, or performance by a child, and that the material produced was obscene. In order for such material to be legally obscene, each of the following facts must be found. The average person applying contemporary community standards of the Florida county would find that the material, taken as a whole, appeals to the prurient interest. The material depicts or describes sexual conduct in a patently offensive way. The material, taken as a whole, lacks serious literary, artistic, political, or scientific value. The criminal suspect had knowledge of the nature, character, or content of the materials. A “prurient interest” in sex is a shameful or morbid interest in sex, nudity, or excretion. Material does not appeal to a prurient interest if the average person today can view the material candidly, openly, and with a normal interest in sex. In order to be obscene, the dominant theme of the material must depict or describe sexual conduct in a patently offensive way, that is, it must do so in a way that offends the contemporary community standards of the particular Florida County. Not all descriptions or depictions of sexual conduct go substantially beyond customary community standards of decency for them to be patently offensive. The jury must determine the collective view of the community in evaluating this element of the criminal offense. In order to find that the material is obscene, the jury must also find that, taken as a whole, it lacks serious literary, artistic, political, or scientific value. If the material has such value, it is not obscene even if it appeals to the prurient interest in sex, and even if it depicts or describes sexual conduct in a patently offensive way. In judging whether the value is serious, the jury should consider the intent of the material. If it is a serious literary or artistic effort, or if it attempts to convey scientific information, or a political point of view, it cannot be obscene. If the primary intent is to appeal to the prurient interest, then the mere insertion of literary, artistic, political, or scientific materials irrelevant to the predominant theme will not prevent the jury from determining that the material is obscene. Sex can be a legitimate subject for literature, art, scientific inquiry, or political argument, and such serious treatments of sex, even if appealing to the prurient interest and patently offensive, cannot be obscene. “Morbid interest” means diseased, dwelling on the gruesome, or sick. This criminal charge does not sit well with the jury.
Hiring a Fort Lauderdale criminal attorney is strongly recommended if you are caught criminally exploiting a minor. If you have been charged with Child Exploitation or Exploitation of a Minor in Miami, Fort Lauderdale, Broward County, or Miami Dade County, you should consult an experienced competent Miami Child Exploitation Defense Lawyer who can represent you in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Broward County, Miami Dade County, and the rest of South Florida.
Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day seven days per week with a criminal defense attorney if you have been charged with these criminal offenses.
827.03 Abuse, aggravated abuse, and neglect of a child; penalties.
827.071 Sexual performance by a child; penalties.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.