Sexual Performance by a Child 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.

Key Definitions

A performance is any play, motion picture, photograph, dance, or other visual representation exhibited before an audience. A sexual performance is a performance that includes sexual conduct by a child. A child is anyone under 18, whether or not the child's identity is known.

Use of a Child in a Sexual Performance (§ 827.071(2)(a))

Instruction 16.7: the State must prove that you employed, authorized, or induced the child to engage in a sexual performance, or that, as a parent, legal guardian, or custodian, you consented to the child's participation; that you knew the character and content of the performance; and that the person was a child. First-degree felony (up to 30 years and $10,000). An offender 18 or older must receive a 15-year minimum mandatory sentence, unless the court makes the written findings described below.

Aggravated Use: Child Under 12 (§ 827.071(2)(b))

Instruction 16.8: you employed, authorized, or induced a child under 12 to engage in a sexual performance, knowing its character and content. Life felony. An offender 18 or older must receive a 25-year minimum mandatory sentence. Instruction 16.8 used to cover the parent-consent version, which is now part of 16.7.

Promoting a Sexual Performance by a Child (§ 827.071(3))

Instruction 16.9: you produced, directed, or promoted a performance that included sexual conduct by a child, knowing its character and content. "Promote" is broad: it includes making, selling, giving, sending, posting, sharing, or advertising, or offering or agreeing to. Second-degree felony (up to 15 years and $10,000), with a 5-year minimum mandatory for an offender 18 or older, unless the exception applies.

The Statutory Exception to the Minimums

The 15-year and 5-year minimums do not have to be imposed if the court finds in writing that the child was 14 or older when the performance was created, it was created with the child's permission, the offender was not more than 4 years older, and the offender did not promote it to any third party.

Registration and Other Consequences

§ 827.071 is on Florida's sexual offender registration list. A conviction can mean reporting in person to the sheriff within 48 hours of establishing a residence, and for years after. A person with a prior qualifying sex offense faces much longer minimums (for example, 30 years for § 827.071(2)). In narrow cases involving young people close in age, Florida law allows a motion to remove the registration requirement.

How We Defend These Cases

• Knowledge of character and content, an element of every version.
• Age of the person depicted, which the State must prove.
• Who created or shared the file. Shared devices and cloud accounts.
• The search. See Motions to Suppress.

What to Do First

1. Do not talk to investigators or consent to device searches.
2. Do not delete files or accounts. That can be a separate crime.
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, which covers possession charges.

Frequently Asked Questions

Do the new minimum mandatory sentences apply to my case?

They took effect July 1, 2026. The date of the alleged offense matters.

Two teenagers exchanged images. Is that charged under this law?

It can be. The written-findings exception and the registration-removal law reach only narrow close-in-age situations, and both have strict conditions.

Does "performance" mean a live show?

No. A photograph or video exhibited before an audience can qualify.