Federal Child Pornography Production and Advertising Charges in Miami

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

Producing a Visual Depiction (§ 2251(a))

Under instruction O82, the government must prove:

1. An actual minor, a real person under 18, was depicted.
2. You used, persuaded, induced, enticed, or coerced the minor to engage in sexually explicit conduct to produce a visual depiction of it; or had the minor assist someone else in that conduct for that purpose; or transported the minor across state or national lines intending that conduct, to produce a depiction or transmit it live.
3. One of three federal links: you knew or had reason to know the depiction would travel in or use interstate or foreign commerce; it was produced or transmitted with materials (such as a phone or computer) that had moved in commerce; or it actually traveled in commerce.

Producing a depiction must be a purpose, though not necessarily the only or main one. "Sexually explicit conduct" includes sexual acts and the lascivious exhibition of the anus, genitals, or pubic area. The instruction tells jurors that not every exposure is a lascivious exhibition, and lists factors such as the focal point, the setting, the pose, and whether the image was designed to elicit a sexual response.

Advertising (§ 2251(d))

Under instruction O82.1, the government must prove you knowingly made, printed, or published (or caused) a notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce a depiction of a minor in sexually explicit conduct, or seeking or offering a minor's participation in such conduct to produce one; and that you knew or had reason to know it would travel by computer, mail, or other means of interstate commerce, or it did.

Penalties

• 15 to 30 years in prison for a first offense, including attempt or conspiracy.
• 25 to 50 years with one prior qualifying conviction (federal or state sex offenses involving minors, among others).
• 35 years to life with two or more priors.
• Death or 30 years to life if a death results.
• Mandatory life when the victim was under 17 and there is a prior sex conviction that also involved a victim under 17 (18 U.S.C. § 3559(e)).
• An extra 10 years, consecutive, for a person already required to register as a sex offender (§ 2260A).
• Supervised release of at least 5 years and up to life after prison.
• Registration: a conviction requires registration under federal law, for 15 years, 25 years, or life depending on the offense's tier, and Florida's registration law counts federal convictions for similar offenses.

How We Defend These Cases

• Identity and access. Who used the device or account, and when.
• Age. Whether the government can prove the person depicted was a real minor.
• The purpose element. Whether producing an image was actually a purpose of the conduct.
• "Lascivious exhibition." Whether the image legally meets the definition.
• The searches. Warrants for phones, cloud accounts, and online platforms. See Motions to Suppress.
• Statements. What was said to agents, and whether it can be used.

What to Do First

1. Do not talk to agents, even if they say you are "not a target." Ask for a lawyer.
2. Do not delete, wipe, or destroy anything.
3. Do not contact the minor or the family.
4. Call us. See Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• 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, Federal Criminal Defense, Sexual Performance by a Child (the Florida production charge) and Sex Crimes Defense.

Frequently Asked Questions

The video was on my own phone and never shared. Is that still federal?

It can be. One of the federal links is that the depiction was produced with materials, such as a phone, that moved in interstate or foreign commerce.

Does the government have to prove I knew the person's age?

According to the pattern instruction's commentary, knowledge of the minor's age is not a required element of this offense.