Child Pornography (CSAM) Transmission and Lewd Image Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Everything you tell us is confidential. Our office answers 24 hours a day.

Transmitting Child Sexual Abuse Material (§ 847.0137)

Instruction 11.20: the State must prove that you transmitted child sexual abuse material to another person (from Florida, or from outside Florida to someone in Florida), and that you knew or reasonably should have known it was child sexual abuse material. That material includes an image of a minor engaged in sexual conduct, or an image created or altered to show an identifiable real minor that way.

Since July 1, 2026:

• It is a second-degree felony (up to 15 years and $10,000), up from third-degree.
• An offender 18 or older must receive a 5-year minimum mandatory, unless the court finds in writing that the minor was 14 or older when the image was created, it was created with the minor's permission, the offender was not more than 4 years older, and the offender did not send it to a third party.
• "Transmit" includes making a file available by sharing a cloud link, password, or access credential, not just sending it.

Providing a link or access in good faith to law enforcement, a prosecutor, or an authorized forensic examiner, to report, preserve, or remove material, is not prosecutable under this section.

Lewd or Lascivious Images (§ 800.045)

These offenses, in effect since October 1, 2025, cover images of lewd or lascivious exhibition (such as intentional exposure or masturbation) committed in the presence of a child under 16, or images altered to portray that with an identifiable child under 16.

• Soliciting, possessing, controlling, or intentionally viewing (§ 800.045(3)). Instruction 11.31: you knowingly did one of those things with an image or depiction, it contained a lewd or lascivious image, and you knew it. Third-degree felony for each image, and each child in each image. Material handled as part of a law enforcement investigation is excluded.
• Possession with intent to promote (§ 800.045(2)). Instruction 11.32: you possessed it, knew what it contained, and intended to promote it. Second-degree felony. Three or more copies is prima facie evidence of intent to promote.

Registration and Prison

§ 847.0137 is on Florida's sexual offender registration list; § 800.045 is not. A person with a prior qualifying sex offense who violates § 847.0137 faces a 10-year minimum mandatory. Possessing ten or more images, at least one with certain listed content, can raise the degree of a § 847.0137 charge.

How We Defend These Cases

• Knowledge. Automatic downloads, file-sharing software, and files no one opened.
• Access. Shared homes, devices, Wi-Fi, and accounts.
• Forensics. We retain our own examiner when needed.
• The warrant. See Motions to Suppress.

What to Do First

1. Do not talk to agents at the door. Ask for a lawyer.
2. Do not delete or wipe anything.
3. Call us. See Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page and Sex Crimes Defense for possession charges.

Frequently Asked Questions

I only shared a link. Is that "transmitting"?

For offenses on or after July 1, 2026, the statute says yes: making a file available through a link or access credential is transmitting.

Is each image a separate charge?

Under § 800.045(3) and the possession statute, yes, and each child in an image can be another count.

Does the 5-year minimum always apply?

No. A court can skip it with the four written findings the statute lists.