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Giving Obscene Material to a Minor


Florida law is unequivocal when it comes to the protection of minors from exposure to obscene materials. Under Section 847.0133, Fla. Stat., the distribution of such content to individuals under 18 is not only frowned upon but strictly illegal. The statute outlines the various methods through which obscene material may be disseminated, including selling, renting, loaning, or even showing such material to minors.

Here at Leppard Law, we understand that the nuances of this law can be overwhelming. That’s why we’re delving deep into what constitutes ‘obscene material’ and how the law is applied in Florida. This knowledge is crucial, whether you’re a concerned parent, educator, or an individual facing charges under this statute.

Defining Obscenity in the Context of Minors

What exactly is considered ‘obscene material’? According to Florida statutes, it’s content that the average person, applying contemporary community standards, would find appeals to the prurient interest, depicts sexual conduct in an offensive way, and lacks serious literary, artistic, political, or scientific value when taken as a whole.

It’s important to note that the law is clear on the intent as well. To be charged, an individual must ‘knowingly’ distribute such materials to a minor. This means they have, or should have, awareness of both the content’s nature and the recipient’s age. It’s this ‘knowingly’ aspect that often becomes a pivotal point in legal defenses.

“From Their Bench to Your Defense” – At Leppard Law, we utilize our extensive experience as former prosecutors to navigate the complexities of obscenity laws, ensuring your rights are vigorously defended.

Obscenity laws are designed to safeguard the community, particularly its younger members. However, there are exceptions, such as the natural act of breastfeeding, which is explicitly excluded from these regulations. Understanding these distinctions is vital for both compliance and defense.

For anyone facing charges related to giving obscene material to a minor, the stakes are high, and the nuances of the law can make or break a case. That’s why having seasoned legal experts from Leppard Law, with over 60 years of combined criminal defense experience, is indispensable. Our strategic approach and personal touch have garnered us more than 300 5-star Google reviews and a reputation for excellence in criminal defense.

Leppard Law: Experienced Criminal Defense Attorneys

If you’re grappling with the complexities of obscenity laws in Florida, don’t hesitate to reach out to Leppard Law at 407-476-4111. Our lead attorney, Joe Easton, with over 20 years of criminal defense experience, alongside John Vallillo, with his 25+ years of legal experience, are ready to provide you with the robust defense you need. Contact us today for a consultation, and let us put our expertise to work for you.

 

Criminal Charges for Distribution of Obscene Materials

Understanding the Charges and Statutes

When it comes to the distribution of obscene materials to minors, Florida law does not tread lightly. The statutes are comprehensive, covering a range of actions from selling and renting to transmitting and showing such material to anyone under the age of 18. Violating these laws can lead to severe criminal charges, and understanding the legal framework is essential for anyone involved in such a case.

At Leppard Law, we recognize the gravity of these charges and the importance of a deep understanding of the law. Here’s a breakdown of what the law entails:

  • Knowingly distributing obscene material to minors is a criminal offense.
  • The law includes a variety of materials, from books and films to drawings and photographs.
  • The definition of ‘obscene’ is specific and based on community standards and the material’s value.

Being charged under these statutes can be daunting, and the potential consequences are serious. That’s why it’s crucial to have a defense team that’s well-versed in sex crime laws and can navigate the complexities of your case.

Navigating Cyber Crime Legalities

Penalties for Providing Obscene Content to Minors

The penalties for providing obscene content to minors can be severe. If you’re convicted, you could face a range of consequences that could have a lasting impact on your life. These may include:

  • Incarceration, with sentences varying based on the nature of the offense.
  • Substantial fines that can impose a significant financial burden.
  • Mandatory registration as a sex offender, which can affect employment, housing, and more.

With such high stakes, it’s vital to have a defense attorney who can provide a strategic defense tailored to your unique situation. The team at Leppard Law is committed to offering that level of defense, aiming to mitigate or even eliminate the penalties you face.

Strategies for Defense in Obscenity Cases

When it comes to defending against charges of distributing obscene materials to minors, there are several strategies that can be employed. These defenses can be complex and require a nuanced understanding of the law, as well as a creative and tactical approach. Some common defense strategies include:

  • Challenging the ‘obscene’ nature of the material based on community standards and its value.
  • Arguing a lack of intent if the defendant was unaware of the material’s nature or the recipient’s age.
  • Exercising First Amendment rights when applicable.

At Leppard Law, we don’t just offer defense; we offer a defense that resonates with the court. Our attorneys, including Joe Easton and John Vallillo, bring their experience as former prosecutors to the table, providing you with a defense that’s as informed as it is vigorous.

“From Their Bench to Your Defense” – At Leppard Law, we’re not just your attorneys; we’re your advocates, your strategists, and your support through every step of the legal process.

If you or someone you know is facing charges for giving obscene material to a minor, time is of the essence. Contact Leppard Law today at 407-476-4111 to schedule a consultation and begin crafting your defense. Let our expertise in sex crimes defense be your guide through this challenging time.

Strategies for Defense in Obscenity Cases

When faced with the serious accusation of providing obscene material to a minor, it’s imperative to construct a robust legal defense that can withstand the scrutiny of the court. At Leppard Law, we leverage over 60 years of combined criminal defense experience to develop defense strategies that are not only unique but also personalized to each client’s specific circumstances.

Our approach is to dissect the prosecution’s case and identify areas where your rights may have been compromised, or the evidence against you is weak. Here are some of the defense strategies we may employ:

  • Questioning the evidence that the material in question meets the legal definition of ‘obscene’.
  • Challenging the assertion that the distribution was done ‘knowingly’ as defined by statute.
  • Exploring the context to argue against the purpose of arousal or gratification in the distribution of the material.

Our team, including seasoned attorneys like Joe Easton and John Vallillo, understands that a charge like this can tarnish your reputation and have long-lasting effects on your life. We’re committed to defending your rights and fighting for a favorable outcome.

“Strength in Numbers, Dedication at Heart” – At Leppard Law, our robust legal team is dedicated to your defense, combining our extensive knowledge with a personal touch that makes all the difference.

Remember, in the eyes of the law, you are innocent until proven guilty. If you’re facing charges related to the distribution of obscene materials to minors, don’t hesitate to reach out. Call us at 407-476-4111 or visit our Contact page to schedule a consultation. Let us put our expertise in sex crimes defense to work for you.

The Intersection of Technology and Obscenity Charges

In today’s digital age, the distribution of potentially obscene material often occurs through electronic means. This adds a layer of complexity to these cases, as digital footprints and electronic evidence become central to the prosecution’s case. At Leppard Law, we’re not just attorneys; we’re tech-savvy defenders who understand the intricacies of computer crimes and the digital landscape.

Our defense strategies in cases involving technology may include:

  • Challenging the authenticity and chain of custody of digital evidence.
  • Investigating potential violations of privacy or unlawful search and seizure.
  • Employing digital forensic experts to refute claims of intentional distribution.

Headed by tech enthusiast Joel Leppard, our firm embraces cutting-edge technology to defend clients accused of crimes involving the internet, such as internet and computer sex crimes. Our digital edge ensures we’re always a step ahead, offering efficient and responsive legal support.

“Tech-Savvy Defense with a Personal Touch” – At Leppard Law, we combine our legal prowess with technological acumen to provide a defense that’s as modern as it is effective.

If you’re dealing with charges related to digital obscenity, know that you have a team ready to defend you with both legal expertise and technological savvy. Contact Leppard Law at 407-476-4111 to get the defense you deserve in this complex and ever-changing area of law.

 

Defining Obscenity in the Context of Minors

Under Florida law, the term “obscene material” is not taken lightly, especially when it involves minors. It’s a term that carries significant legal weight and is subject to strict scrutiny. For material to be deemed obscene, it must meet three critical criteria: it must appeal to the prurient interest according to average community standards; depict or describe sexual conduct in a patently offensive way; and, taken as a whole, lack serious literary, artistic, political, or scientific value.

When we talk about providing such material to minors, the law is unequivocal: it’s a serious offense. This is why understanding the legal definition of obscenity is paramount in these cases. If you’re facing such accusations, it’s crucial to have a sex crimes defense attorney who can navigate these complex definitions and protect your rights.

Criminal Charges for Distribution of Obscene Materials

Understanding the Charges and Statutes

Florida Statute § 847.0133 spells out the offense of giving obscene material to a minor. It states that a person must knowingly sell, rent, loan, give away, distribute, transmit, or show obscene material to someone under 18. The keyword here is “knowingly”—prosecutors must prove that the defendant had general knowledge or reason to believe the material’s nature and the minor’s age.

It’s a nuanced area of law where details matter. For anyone caught in this legal bind, it’s essential to have a child pornography crimes lawyer who can dissect the specifics of the case and mount a vigorous defense.

Penalties for Providing Obscene Content to Minors

Conviction for distributing obscene materials to minors in Florida can lead to severe consequences. These may include incarceration, hefty fines, and possibly being required to register as a sex offender—a stigma that can follow you for life. The severity of the penalties underscores the need for an experienced legal team that can provide a strategic defense against sale or distribution to a minor charges.

At Leppard Law, we understand the gravity of these charges and the impact they can have on your future. Our team is committed to defending your rights and seeking a resolution that minimizes the legal and personal fallout.

Strategies for Defense in Obscenity Cases

When crafting a defense against charges of giving obscene material to a minor, several strategies can be employed. These can include challenging the obscenity of the material based on community standards, disputing the accused’s knowledge of the material’s content and the minor’s age, and asserting First Amendment rights. Lack of intent is another critical defense, as the statute requires the act to be done knowingly.

Our team at Leppard Law is well-versed in these defenses. We understand the importance of a personalized approach that takes into account the unique aspects of each case. With our lead attorney’s experience and our firm’s resources, we’re equipped to tackle even the most challenging cases.

“Your Voice, Our Mission” – we champion your rights with the tenacity and dedication that has earned us the trust of our community members.

Contact us today at 407-476-4111 or through our Contact page. Let our rape and sexual battery defense lawyers provide the support and legal expertise you deserve.

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What constitutes ‘obscene material’ in the eyes of Florida law?

Obscene material in Florida is determined by a specific legal test, which considers community standards, the nature of the content, and its value. Understanding these criteria is essential for anyone facing related charges.

Can someone be charged for unknowingly giving obscene material to a minor?

Knowledge is key in these cases. The law protects those who unknowingly distribute such material, but proving lack of knowledge is where the expertise of a seasoned defense attorney comes into play.

What are possible defenses against charges of giving obscene material to a minor?

Defending against these serious charges requires a strategic approach, including questioning the material’s obscenity, the accused’s awareness, and constitutional protections.


Exploring the complexities of criminal law, we offer a comprehensive range of legal services to address various case types across Florida.

Sex Crimes Defense Rape and Sexual Battery Defense
Child Pornography Crimes Defense Internet and Computer Sex Crimes Defense
Lewd and Lascivious Acts Defense Crimes for Luring or Enticing a Child Defense
Unlawful Use of Two-Way Communications Device in a Sexual Manner Defense Child Molestation Defense
Nonconsensual Pornography Defense Sexual Cyber Harassment Defense
Internet Sting Operations in Florida Defense Traveling to Meet a Minor for the Purpose of Sexual Conduct Defense
Unlawful Sexual Activity with a Minor Defense Sale or Distribution to a Minor Defense
Solicitation of a Minor Defense Possession of Obscene Materials in Florida Defense

When facing charges of giving obscene material to a minor, selecting a top-rated attorney with specialized knowledge in sex crimes is imperative. Our team, led by experts like Joe Easton and John Vallillo, brings over 60 years of combined experience to the table, ensuring your case is handled with the highest level of expertise and personal attention.

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Discover What Our Sex Crimes Clients Are Saying

At Leppard Law, we pride ourselves on the personalized and strategic approach we bring to every case. The positive feedback from our clients reflects our unwavering commitment to defending their rights and achieving the best possible outcomes.

 

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Contact Leppard Law for Your Defense Today

Dealing with legal charges can be daunting, especially when they involve allegations as sensitive as giving obscene material to a minor. Your choice of defense can significantly impact the outcome of your case. At Leppard Law, we understand what’s at stake and we’re committed to providing a defense that’s as relentless and personalized as you deserve.

With a blend of expertise, compassion, and dedication, Joe Easton and John Vallillo lead a team that has garnered accolades for their legal prowess and commitment to excellence. When you choose Leppard Law, you’re not just another case; you become part of our family — and we fight for our family.

Experience the difference of a law firm that not only has a successful track record but also values the personal touch in every client relationship. Recognized for outstanding client service and results, we are here to guide you through every step of the legal process.

Don’t let uncertainty dictate your future. Take control by reaching out to us. With one call to 407-476-4111, you can secure a free consultation and take the first step towards the vigorous defense you require. Let’s navigate this journey together — with confidence, clarity, and the legal acumen you can trust.

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Legally Reviewed by Joe Easton

Expert Attorney at Law

Joe Easton and the team at Leppard Law have meticulously reviewed the content provided on this page to ensure it reflects our firm’s extensive criminal defense experience spanning over 60 years. Specializing in cases like Giving Obscene Material to a Minor, Joe Easton brings a wealth of knowledge and a strategic approach to every case. His commitment goes beyond legal representation; he is dedicated to transforming legal hurdles into victories. With personalized attention to each case, Joe ensures that your legal matters are handled with the utmost care and professional expertise.

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