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Child Pornography

Child Pornography Defense Lawyer in St. Petersburg

Criminal Defense Rooted in Prosecution-Side Experience

A charge under Florida’s child pornography statute carries felony penalties, lifetime sex offender registration, and consequences that reach into every part of your life. If you’re under investigation or have already been charged in Pinellas County, the next steps matter. I’m Attorney Joseph Montrone, Jr., and I’ve spent more than 29 years handling serious criminal cases in St. Petersburg, Florida, protecting the constitutional rights of clients in both civil and criminal courts throughout the region.

Every case I take on gets my direct attention. You won’t be handed off to an associate or a case manager. I review the facts, assess what the government has, and build a defense strategy tailored to the specific details of your situation.

Facing an investigation or charge? Call my office at (727) 617-6095 to schedule a free initial consultation.

From Felony Prosecutor to Criminal Defense Attorney

Before I defended clients, I prosecuted them. I began my legal career at the State Attorney’s Office in Pinellas County, where I served for six years as a felony prosecutor. During that time, I focused on Domestic Violence and Child Abuse cases, completing extensive training through seminars, continuing education, and direct courtroom experience.

That background gives me a clear picture of how these investigations are built, what evidence prosecutors rely on, and how the state approaches child exploitation cases. I use that knowledge on your side, challenging the government’s evidence, scrutinizing law enforcement conduct, and identifying weaknesses in how the case was assembled.

What Florida Statute 827.071 Prohibits

Florida Statute 827.071 defines a “child” or “minor” as any person younger than 18 years of age, regardless of whether their identity is known. The statute covers a range of conduct, and prosecutors treat each item of material as a separate offense.

Offenses covered under 827.071 include:

  • Possession, control, or intentional viewing of any photograph, motion picture, image, computer depiction, or other presentation that includes child pornography, with each image and each child depicted counted as a separate offense
  • Employing or inducing a child to engage in a sexual performance under 827.071(2)
  • Producing, directing, or promoting any performance involving sexual conduct by a child under 827.071(3)
  • Possessing with intent to promote any presentation that includes child pornography under 827.071(4), with possession of three or more copies treated as prima facie evidence of that intent

Trusted by Clients. Proven by Results.

    “Over Delivered”
    “Hiring Joe was without a doubt the best decision I could have made when it came to having someone handle a HTO revocation on my license.”
    - Mark
    “Incredibly Attentive and Responsive”
    “I highly recommend Mr. Montrone for anyone seeking top-notch legal representation.”
    - Alyse J.
    “Incredibly Grateful”
    “Joe's communication throughout the entire process was top-notch—he explained every step and followed through on everything he promised.”
    - Stefan M.
    “Amazing, Compassionate, and Knowledgeable Lawyer.”
    “His experience as a former prosecutor, equips him with the proper tools to ensure the best possible outcome.”
    - Mike B.
    “Highly Recommend!”
    “Joe Montrone is the best! From the start, he was hands down the most efficient, caring, and supportive attorney I have ever worked with.”
    - Katrina G.
    “Truly the Best.”
    “I hired Joseph to represent me for a criminal charge and I’m so glad I did. If you’re looking for a professional that’s knowledgeable and will fight for you, you found him.”
    - Dave D.

Felony Classifications & Penalties Under Florida Law

The penalties for a child pornography conviction in Florida depend on the nature of the offense and the volume of material involved. Simple possession under 827.071(5)(a) is a third-degree felony, carrying up to five years in state prison and a fine of up to $5,000. Charges involving production, promotion, or inducing a child into a sexual performance are second-degree felonies, punishable by up to 15 years in prison and a fine up to $10,000.

Volume can also affect the charge level. Under Florida Statute 775.0847, possessing 10 or more images, when certain aggravating content is involved, can trigger reclassification: a third-degree felony moves up to a second-degree felony, and a second-degree felony moves up to a first-degree felony. Beyond incarceration and fines, any conviction requires lifetime registration with the Florida Department of Law Enforcement as a sexual offender, absent a full pardon or a conviction later set aside.

Florida’s sex offender registry is publicly viewable, meaning friends, family members, and co-workers can access your registration status. That visibility affects housing, employment, and professional licensing. Combined with a felony record, sex offender status can make it significantly harder to find and keep stable work.

Federal Child Pornography Charges in Pinellas County

State charges aren’t the only exposure. Conduct involving receiving, possessing, distributing, or producing child pornography can be prosecuted under both Florida and federal law. Federal production charges under 18 U.S.C. 2251 carry a sentencing range of 15 to 30 years in prison. Federal transportation and distribution charges under 18 U.S.C. 2252 carry 5 to 20 years, plus fines. Federal criminal cases arising in Pinellas County are handled by the Tampa Division of the U.S. District Court for the Middle District of Florida, and the sentencing consequences are severe.

Defense Strategies in Child Pornography Cases

The prosecution must prove every element of the offense beyond a reasonable doubt using legally admissible evidence. Several categories of defense apply in these cases.

Fourth Amendment Challenges
Law enforcement needs probable cause to search a computer or digital device. If a search was conducted without a valid warrant, or if the warrant was obtained improperly, the evidence gathered may be subject to suppression.

Knowledge and Intent
Because the statute requires knowing possession, control, or intentional viewing, a defense can focus on whether the accused actually knew what the images contained, whether someone else had access to the device, and whether the material was intentionally saved or accessed.

Entrapment
In cases that originate from online sting operations, entrapment may apply if law enforcement induced conduct the accused wouldn’t have otherwise engaged in.

My six years prosecuting felony cases in Pinellas County included cases built on digital forensic evidence and electronic investigations. I know how that evidence is gathered, how it’s presented, and where it can be challenged.

Speak with a St. Petersburg Defense Attorney Today

If you’re facing a child pornography investigation or charge in the St. Petersburg, Florida, area, don’t wait to get legal counsel. The earlier you have representation, the more options may be available. I offer a free initial consultation to review your charges and discuss where your case stands.

Contact Joseph Montrone, Jr. by calling (727) 617-6095 or by reaching out through the contact form on this site.

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Areas We Serve
  • St. Petersburg
  • Belleair Beach
  • Clearwater
  • Dunedin
  • Gulfport
  • Indian Rocks Beach
  • Indian Shores
  • Kenneth City
  • Largo
  • Palm Harbor
  • Pinellas Park
  • Redington Beach
  • Safety Harbor
  • Seminole
  • St. Pete Beach
  • Tarpon Springs
  • Treasure Island

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Joseph Montrone, Jr. Joseph Montrone, Jr.
Contact 727-617-6095
Address
535 Central Ave
Suite 314
St. Petersburg, FL 33701
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