Most child pornography cases in Tampa begin with an automated report from a tech company, months before anyone knocks on a door. I learned how investigators build these cases as a police academy instructor teaching officers search-and-seizure law, and as a Major Crimes Unit attorney handling sex crime and child abuse cases. Today, as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I lead a team that defends people charged in Hillsborough, Pinellas, and Pasco Counties, many of whom had no record before the search warrant. Our attorneys start with the evidence trail: the report, the warrant, and the forensic image of each device.

How do child pornography investigations start in Florida?

Most cases start with a CyberTipline report from an online platform to the National Center for Missing and Exploited Children (NCMEC), which routes it to law enforcement. Federal law, 18 U.S.C. § 2258A, requires providers to report apparent CSAM once they have actual knowledge of it, but expressly does not require them to monitor users or scan content. Many large platforms scan anyway, usually by comparing a file’s hash value, a digital fingerprint, to a list of known images.

The volume is enormous. In 2025, NCMEC made 126,256 CyberTipline reports available to law enforcement for Florida, including 70,812 referrals, according to NCMEC’s 2025 CyberTipline Reports by State. Nationally, NCMEC received 20.5 million reports in 2024. Each report then has to be traced to a person through subpoenas for subscriber and IP address records, which is where the State’s first assumptions enter the case.

Can the search be challenged?

Yes. A search challenge is often the strongest defense, because if the warrant falls, the files usually fall with it. In Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003), a case investigated by the Polk County Sheriff’s Office, the Second District held that the affidavit supporting the warrant for the defendant’s computer and diskettes was fatally defective and reversed 136 counts of possession that flowed from the seizure. The court affirmed other convictions but threw out every possession count.

Our attorneys look for these warrant problems in every case:

• Thin probable cause. The affidavit must connect the person and the place to be searched to the files, not just repeat that a tip exists.
• Staleness. Months can pass between the tip and the warrant. Our article on the 10-day search warrant rule explains a reversal on timing grounds.
• Scope. A warrant for one device or account does not authorize a search of everything a person owns.
• Account warrants. Warrants to Google, Apple, or other providers raise their own issues, covered in our guide to a Google account legal request.

What is a private search doctrine motion to suppress?

A private search doctrine motion asks the court to suppress evidence because police opened a flagged file without a warrant when no person at the reporting company had looked at that file first. Under the U.S. Supreme Court’s private search cases, police may repeat a search a private party already did, but may not go beyond it without a warrant. When a tech company flags a file only by an automated hash match, the defense argues that no private person ever saw the contents, so the officer who opened the file conducted a new government search. Because police in many CyberTip cases open the files first and get warrants afterward, a win on this motion can take down every warrant built on that first look.

Our firm files these motions in Hillsborough County cases, and we build them from the CyberTip itself. Google’s CyberTips answer a question for each reported file: “Was File Reviewed by Company?” A “No” means no Google reviewer looked at that file for the report; the flag rests on a hash match to a different file someone reviewed in the past. We match every file the detective opened to that answer, and we point out what the State must prove at the hearing. A warrantless search shifts the burden to the State, so the prosecution must show, file by file, that a private person actually viewed what the officer opened.

Where do the courts stand on opening hash-matched files?

The courts are split, and Florida’s state appellate courts have not settled the question for the files a company never viewed. In Morales v. State, 274 So. 3d 1213 (Fla. 1st DCA 2019), a Santa Rosa County defendant uploaded an image to a chatroom whose service matched it to known CSAM through Microsoft’s PhotoDNA. No one at the company or NCMEC opened it before an FDLE agent did, without a warrant. The First District held that the agent’s viewing did not exceed the private search because the hash match identified the image with near certainty.

In Lowers, Google hash-matched 156 files in a Google Drive account, a reviewer opened 31, and the CyberTip showed which files were opened and which were not. A detective then opened files that neither Google nor NCMEC had viewed. The Fourth Circuit held that was an unconstitutional search. Brillhart, an appeal from the Middle District of Florida, went the other way on its record, but only because the file’s hash traced to a file a human at Google had already confirmed. The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, has not squarely decided the question in the decisions we have reviewed. In Youngman v. State, 342 So. 3d 770 (Fla. 2d DCA 2022), it held only that police software finding files a defendant shared publicly on BitTorrent was not a search at all.

Legal scholars have questioned how far hash searches should reach. A 2018 Stanford Law Review note, Dennis Martin’s Demystifying Hash Searches, argues that police conduct a Fourth Amendment search whenever they use an algorithm to do what would be a search if done by hand.

How do our attorneys build a private search motion?

Our attorneys build the motion from the State’s own documents, in five steps:

1. Pull the per-file review answers. We read the CyberTip’s “Was File Reviewed by Company?” answer for every reported file.
2. Match them to what the detective opened. The warrant affidavits usually describe specific files; we check whether each described file was one no company employee viewed.
3. Hold the State to its burden. At the evidentiary hearing, the State must prove with competent evidence, not the tip’s own label, that a person reviewed each file the officer opened.
4. Excise the tainted descriptions. We ask the court to strike the officer’s descriptions of unlawfully viewed files from each warrant affidavit and test whether probable cause remains.
5. Defeat good faith and attenuation. Searches done after the 2021 Wilson decision are harder to excuse as good faith, and a client who invoked the right to counsel and gave no statement leaves the State no break in the chain, unlike the defendant in Lowers.

Lowers carries a practical lesson. The Fourth Circuit found the search unconstitutional and still let the evidence in because the defendant talked to police and consented to searches afterward. A person who stays silent and asks for a lawyer protects the motion as well as the case.

Can a CyberTip be wrong?

Yes. A CyberTip is a report, not proof, and both its labels and its claims about human review can be wrong. The clearest Florida example involves William Lawshe, a Florida Fish and Wildlife Conservation Commission officer who had been named national wildlife officer of the year in 2014. According to News4JAX reporting, a St. Johns County investigation that began with a February 2023 tip led to three counts of possessing child pornography, he left the agency, and the charges were dropped that December after his lawyers produced evidence they said proved his innocence.

Lawshe then sued Verizon and its cloud-storage contractor. In Lawshe v. Verizon Communications, Inc., No. 3:24-cv-137-MMH-LLL (M.D. Fla. Feb. 28, 2025), he alleged that his account held legal images of adult models and that the CyberTip behind his arrest rested on a hash match to an image tagged only “unconfirmed.” He alleged the report still stated that the company “had viewed the entire contents” of the image and that it showed a “pre-pubescent” minor, when the people pictured were plainly adults. Judge Marcia Morales Howard held that federal reporting immunity did not defeat his defamation and Stored Communications Act claims over that report at the pleading stage, writing that the defendants “conflate an intent to immunize mistaken reports with an intent to immunize unfounded reports.” The parties later settled, and in February 2026 the court vacated the order at their request, so it is not precedent. It remains a public record of how an automated flag, and a claim that someone reviewed it, can be wrong.

That is why our attorneys never accept a CyberTip at face value. We check whether each file was actually reviewed, whether it was labeled “apparent” or only “unconfirmed,” and whether an independent examiner agrees the image shows a minor at all. A person who has been falsely flagged has a defense, and the first step is to say nothing to investigators and call a lawyer.

What does the State have to prove about knowledge?

The State must prove you knowingly possessed, controlled, or intentionally viewed material you knew contained CSAM. Under section 827.071, Florida Statutes, the file’s presence on a device is not enough by itself. When the device or home is shared, Florida applies constructive possession rules: the State must show you knew of the files and could exercise control over them through evidence beyond mere proximity, as the Second District explained in Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013).

Forensic evidence decides most knowledge disputes. Our attorneys retain independent digital forensic examiners to answer questions the State’s report often skips:

1. Who was using the device? Login records, user profiles, and activity at the time of download.
2. Were the files ever opened? Access dates, thumbnails, and viewing history.
3. Where did the files sit? A deleted file, a cache, or an automatic sync folder tells a different story than an organized collection.
4. How did they arrive? Bulk downloads, file-sharing programs, malware, or a synced account a user never opened.
5. Are the counts right? Duplicates, thumbnails of the same image, and files of uncertain age inflate the count.

Deleted files raise their own issue. In Burnett, the State’s expert found deleted images on diskettes but could not say when or by whom they were deleted. The Second District resolved the case on the warrant and expressly left open whether deleted images retrievable only by an expert prove knowing possession. Our attorneys press that question when the evidence is deleted or fragmentary. Because constructive possession works the same way across offenses, our guide to constructive possession in Florida is useful background.

What changed in Florida’s CSAM law on July 1, 2026?

On July 1, 2026, Chapter 2026-20, Laws of Florida (CS/CS/HB 1159), renamed “child pornography” as “child sexual abuse material” throughout the statutes and raised several penalties. Possessing, controlling, or intentionally viewing CSAM under section 827.071(5) became a second-degree felony, and each image and each child depicted is still a separate offense. Our post on child pornography penalties in Florida covers sentencing, scoring, and the image-count enhancement in detail. The changes that most affect defense strategy are these:

The transmission change builds on earlier law about file sharing. Section 847.0137 reaches a person who knew or reasonably should have known he was transmitting CSAM. In Jeror v. State, 313 So. 3d 178 (Fla. 2d DCA 2021), a Sarasota County defendant moved downloaded videos into a folder a BitTorrent program shared automatically. The Second District held the evidence let the jury find he reasonably should have known the files were being shared, and affirmed. With cloud links now included, how a folder was shared, and whether the user knew, is a central fact our attorneys investigate.

Can a child pornography charge be dropped or reduced in Florida?

Yes. Charges can be dismissed, reduced, or resolved for fewer counts when the search is suppressed, the knowledge evidence is weak, or mitigation persuades the prosecutor. Counts tied to unreliable forensics can also be dropped. Early work matters most, and when an investigation is still underway, pre-file advocacy can shape what the State files.

One example from our firm: a young man who had just turned 18 was charged with possession of child pornography and faced prison and sexual offender registration. Our attorneys built a detailed mitigation case and negotiated with the prosecutor, and the case resolved with a plea to a non-registerable offense with treatment. Past results do not guarantee future outcomes. Our guide to a mitigation report explains that work, and our overview of sex offender registration in Florida explains what registration under section 943.0435, Florida Statutes requires.

Charges involving chats with a minor are a different offense with different defenses; see solicitation of a child using a computer and what to do if you messaged a minor online. Our Tampa internet crimes attorney page describes how our firm defends these cases.

What should you do if police contact you about a CSAM investigation?

Do not answer questions, consent to a device search, or delete anything; call a defense attorney first. Deleting files after you learn of an investigation can lead to a separate tampering charge and can be argued as evidence of knowledge. Investigators often arrive with a warrant already signed and ask friendly questions while the search happens. Anything said during that visit can supply the knowledge element the forensic evidence lacks.

• Say you want a lawyer and will not answer questions.
• Do not give passwords or unlock devices without advice from counsel.
• Write down who came, what they took, and what they said.
• Keep the warrant and inventory paperwork.

Frequently asked questions about fighting a child pornography charge in Florida

Is accidentally downloading child pornography a crime in Florida?

Not if it was accidental. Section 827.071(5) requires knowing possession or intentional viewing of material the person knew contained CSAM. The Brancato Law Firm uses forensic evidence, such as whether a file was ever opened, to show what a client did and did not know.

Can I be charged if other people used my computer or Wi-Fi?

You can be charged, but shared access is a real defense. On a shared device or network, the State must prove knowledge and control beyond simple proximity to the files. Our attorneys at The Brancato Law Firm build a timeline of who used each device and account when the files arrived.

Is sharing a Google Drive or Dropbox link a crime under Florida’s 2026 law?

Sharing a link or access credential to cloud storage that contains CSAM can now be charged as transmission under section 847.0137, a second-degree felony. The Brancato Law Firm examines whether the client created the link, knew what it contained, and knew it was shared, which is where these cases are won or lost.

Can a CyberTip search be suppressed if no one at Google viewed the file?

It can, in some courts. Several federal appeals courts have held that police violate the Fourth Amendment by opening a hash-matched file no company employee viewed, while others, including the Eleventh Circuit on a record of prior human review, have allowed it. The Brancato Law Firm files private search doctrine motions built on the CyberTip’s file-by-file review answers, a question Florida’s Second District has not settled.

What if a CyberTip flagged an image of an adult?

Then the State cannot prove a key element, because CSAM must depict a minor. Automated tags such as “unconfirmed” signal that even the reporting system was unsure of the person’s age. The Brancato Law Firm retains independent examiners to test age and origin, and cases like Lawshe v. Verizon Communications, Inc., No. 3:24-cv-137-MMH-LLL (M.D. Fla. Feb. 28, 2025) show that these reports can be wrong.

Can a search warrant based on a CyberTip be thrown out?

Yes, if the affidavit lacks probable cause, the information was stale, or police exceeded the scope of the warrant or the private search. In Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003), a defective affidavit led to reversal of 136 possession counts. Our attorneys at The Brancato Law Firm file motions to suppress when the warrant or the tip falls short.

Does Florida’s July 2026 law apply to my case if the files were downloaded earlier?

The new penalties apply to offenses committed on or after July 1, 2026. When downloads span that date, The Brancato Law Firm uses the forensic timeline to argue which law applies to each count; our internet crimes defense team reviews the file dates in every case.

Will I be arrested before I know I am being investigated?

Often, yes. Many people first learn of a CSAM investigation when police execute a search warrant, sometimes months after the original tip. If you think an investigation is underway, The Brancato Law Firm can step in before charges are filed through representation before charges are filed.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Talk to our attorneys before you talk to investigators

The first conversation with police and the first forensic image of a device shape everything that follows. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys can step in before an interview, review the warrant and CyberTip, and bring in an independent forensic examiner. Call us at any hour at (813) 727-7159 for a confidential consultation. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Internet Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If detectives took a phone or laptop from your home, the number of files on it will drive the sentencing exposure more than almost any other fact. I learned how these cases are built in the Major Crimes Unit, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict. Our attorneys attack the count, the reclassification, and the scoresheet before any plea offer is discussed, because each of those numbers can move.

What are Florida’s child pornography penalties after July 1, 2026?

Florida’s child pornography penalties rose on July 1, 2026. CS/CS/HB 1159, signed March 31, 2026 as Chapter 2026-20, Laws of Florida, renamed “child pornography” as “child sexual abuse material” (CSAM) throughout the statutes and made these changes, according to the House Criminal Justice Subcommittee analysis:

The age change matters most. Because the content trigger rose from a child under 5 to a child under 12, far more collections now meet the reclassification test. The law in effect on the date of the offense generally controls the sentence, so the date files were downloaded or viewed can decide which version of the statute applies. Our attorneys examine the forensic timeline for that reason.

How does Florida count child pornography charges?

Florida counts each image as a separate crime. Section 827.071(5) states that possessing, controlling, or intentionally viewing each photograph, video, image, or data file is a separate offense, and if one image shows more than one child, each child in that image is a separate offense. A single device can produce dozens or hundreds of felony counts. Our Tampa internet crimes attorney page explains how these investigations usually begin.

The Second District Court of Appeal, whose decisions bind Hillsborough, Pinellas, and Pasco courts, showed how far this goes in Walsh v. State, 198 So. 3d 783 (Fla. 2d DCA 2016). Officers found more than 3,000 images on a Sarasota County man’s home computer. The State selected 170 images, sorted them into groups of ten with each group containing an image of sexual battery on a child, and charged one reclassified count per group. He entered an open plea to 17 second-degree counts and received a total of 63.5 years in prison.

On appeal, Walsh argued that all the images from one episode should be one offense. The court disagreed. Because the statute makes each image a separate offense, the State could have charged all 170 images as separate counts, and section 775.0847 does not limit the State’s charging discretion. The lesson is that the prosecutor, not the device, decides how many counts appear on the information. That is why early defense work on the charging decision matters.

What triggers the section 775.0847 enhancement?

Section 775.0847 reclassifies a child pornography offense one degree higher when two conditions are both met. The enhancement applies to violations of sections 827.071, 847.0135, 847.0137, and 847.0138.

Reclassification is a fact the State must prove. In Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013), a man who identified himself only as “James” handed an envelope of photographs to a Tampa police officer, which led to charges against the defendant on 14 counts of promoting a sexual performance by a child, one per photograph. The jury found he possessed 10 or more images, at least one depicting sexual battery, and all 14 counts were reclassified to first-degree felonies. The majority affirmed, relying on evidence that he possessed the camera, the film, and the developed prints. A dissenting judge argued that the enhancement depends on possessing 10 images when each offense is committed, so no more than four of the counts could be reclassified.

The dissent did not carry the day, but the question it raised remains a live defense issue: when each file arrived on the device, and whether the State can prove possession of 10 images at that time. Our attorneys work with independent forensic examiners on file dates, download paths, and whether files were ever opened.

How is a child pornography case scored on the Florida scoresheet?

Florida sentences felonies with a Criminal Punishment Code scoresheet. Under the 2026 offense severity chart in section 921.0022, possession under section 827.071(5) is a Level 6 offense and possession with intent to promote under section 827.071(4) is Level 7. A reclassified offense moves up one level. Under section 921.0024, the primary offense earns 36 points at Level 6 and 56 at Level 7, and each additional count earns 18 points at Level 6 and 28 at Level 7. When the total exceeds 44 points, the lowest permissible prison sentence in months is the total minus 28, multiplied by 0.75.

Here is how that math plays out for a person with no prior record and no other points. These examples are simplified; real scoresheets include prior record, legal status, and other factors.

The gap between those rows is the reclassification fight. Every count the defense removes, and every count that is not reclassified, lowers the floor. A judge can sentence anywhere from the lowest permissible sentence up to the statutory maximum for every count, served concurrently or consecutively.

How often do Florida possession cases end in prison?

Most Florida possession convictions end in prison. In fiscal year 2024-25, Florida Department of Corrections data showed 316 new prison commitments and 134 supervision sentences for knowingly soliciting, possessing, controlling, or intentionally viewing child pornography, according to the Florida Legislature’s Office of Economic and Demographic Research Criminal Justice Impact Conference review of SB 1750 (2026). The same review reported 654 new prison commitments in FY 2024-25 under statutes potentially subject to section 775.0847 reclassification.

The review also shows why the July 2026 change matters. It reported a 26 percent incarceration rate for Level 6 third-degree felonies and 39.7 percent for Level 6 second-degree felonies. Possession moved from the first group to the second.

Can a child pornography sentence go below the scoresheet?

Yes. A Florida judge may impose a downward departure below the lowest permissible sentence when the defense proves a legal reason under section 921.0026. Two reasons come up often in these cases: the defendant requires specialized treatment for a mental disorder unrelated to substance abuse and is amenable to treatment, and the offense was committed in an unsophisticated manner, was an isolated incident, and the defendant has shown remorse. Substance abuse or intoxication alone is not a valid reason.

Departure arguments rest on evidence about risk. A U.S. Department of Justice SMART Office research brief, Internet-Facilitated Sexual Offending (2015), summarizes a review by Michael Seto and colleagues of nine samples totaling 2,630 internet offenders followed for slightly more than three years: 4.6 percent committed a new sexual offense, 2 percent a contact sexual offense, and 3.4 percent a new child pornography offense. Our attorneys pair research like this with a psychosexual evaluation from a qualified expert, treatment records, and family testimony.

Mandatory minimums have a narrow exception. Under section 827.071(7), a court is not required to impose a mandatory minimum under that section if it finds in writing that the depicted child was 14 or older, the image was created with the child’s permission, the offender was not more than 4 years older, and the offender did not share it with anyone else. This exception fits teen sexting cases.

What other consequences follow a conviction?

A conviction for possessing or promoting child sexual abuse material in Florida requires registration as a sexual offender, which carries reporting duties, residence limits, and public listing. Many cases also bring sex offender probation conditions, limits on internet use, and immigration consequences for noncitizens. Our post on whether a withhold of adjudication avoids the sex offender registry explains why a withhold does not solve the registration problem.

For a full look at defenses, including search warrant challenges like the one in our post on Florida’s 10-day search warrant rule, see our guide to defending CSAM charges in Florida.

What should you do if you are under investigation?

Call a lawyer before you talk to detectives or consent to a device search. Many cases begin with a tip to law enforcement and a search warrant, and the charging decision, including how many images to file and whether to seek reclassification, is made after the forensic report. That window is when our pre-file advocacy can affect the number of counts.

1. Do not discuss the case with officers, family, or coworkers.
2. Do not delete files or reset devices. Destroying evidence is a separate crime.
3. Do not consent to searches of other devices or accounts.
4. Write down when officers arrived, what they took, and what they said.
5. Contact a defense attorney the same day.

Frequently asked questions about child pornography penalties in Florida

Is possession of child pornography a felony in Florida in 2026?

Yes. For offenses on or after July 1, 2026, each image is a separate second-degree felony punishable by up to 15 years in prison under section 827.071(5). The Brancato Law Firm reviews the offense dates in the forensic report to determine whether the older third-degree version applies.

Is there a mandatory minimum sentence for possessing child pornography in Florida?

Section 827.071(5) does not set a mandatory minimum for simple possession, but with 10 counts and no prior record the scoresheet floor is about 10.6 years in prison. Our attorneys at The Brancato Law Firm calculate the scoresheet at the start of the case so clients understand the real floor and the departure options.

Can prosecutors charge every image as a separate count?

Yes. Florida law makes each image, and each child in each image, a separate offense, and the Second District held in Walsh that reclassification does not limit how many counts the State may file. The Brancato Law Firm challenges duplicate files, unopened files, and images that do not meet the legal definition before the information is filed or amended.

Does the July 2026 law apply to a case from before July 1, 2026?

The law in effect on the date of the offense generally controls the penalty, so files possessed only before July 1, 2026 are usually scored under the older third-degree statute. Our attorneys at The Brancato Law Firm press the State to prove when each file was possessed, since that date can cut the maximum by two-thirds.

What is the difference between possession and possession with intent to promote?

Possession with intent to promote under section 827.071(4) is a second-degree Level 7 offense, and possessing three or more copies of an image is prima facie evidence of intent to promote. The Brancato Law Firm contests the intent element when file copies come from automatic backups or sync software rather than sharing; learn more on our internet crimes defense page.

Can a child pornography sentence be reduced below the scoresheet in Florida?

Yes, through a downward departure when the defense proves a statutory reason such as treatable mental health needs or an isolated, unsophisticated offense with remorse. The Brancato Law Firm builds departure motions with expert evaluations and treatment plans rather than character letters alone.

For more about our defense strategies, visit our Internet Crimes page.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Get a scoresheet review before the State files

The charging decision in a CSAM case often follows the forensic review of the seized devices, and that window closes fast. Our attorneys will review the warrant, the device seizure, and your likely scoresheet, so call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We are two blocks from the courthouse, and you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida search warrant comes with a clock, and the date stamped on it can decide a case before anyone looks at the evidence. As a former police academy instructor, I trained officers on how to do things by the book, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have spent more than 25 years in Hillsborough County courtrooms holding them to it. Our attorneys compare the issuance date, the execution date, and the return on every warrant in every case, because a late search can end the prosecution.

What Is Florida’s 10-Day Search Warrant Rule?

The rule is a deadline set by statute. Under section 933.05, Florida Statutes, a search warrant “must be returned within 10 days after issuance, not including the date of issuance.” Courts read that return deadline as an execution deadline: police have to carry out the search within the same 10 days.

The deadline dates back to 1923, and Florida courts enforce it strictly. In Spera v. State, 467 So. 2d 329 (Fla. 2d DCA 1985), officers searched a home for drugs 13 days after the warrant issued and found cocaine. The Second District held that “a search warrant in Florida becomes stale ten days after its issuance” and that a stale warrant “requires suppression of any evidence seized as a consequence of the search.”

The 10-day rule still governs warrants for homes, cars, and most physical evidence. The Legislature has carved out longer periods for a few kinds of warrants:

What Happened in Moschella v. State?

In Moschella v. State, 413 So. 3d 851 (Fla. 2d DCA 2025), the Second District reversed a child pornography conviction because a forensic search warrant was executed weeks late. Detectives from the Manatee County Sheriff’s Office seized two phones, a tablet, and a laptop. A judge issued a warrant to search the devices on July 27, 2020, but the detective admitted the search did not happen until “sometime in September.”

James Moschella pleaded no contest and reserved the right to appeal the denial of his motion to suppress. The State stipulated that the suppression issue was dispositive, meaning the case could not go forward without the evidence. The trial court had denied suppression because the delay did not prejudice him.

The Second District disagreed. Quoting Spera, it said “the legislature has decided that ten days is a reasonable time,” and it refused to add a prejudice requirement to “the firmly established statutory time limit.” Because the State’s stipulation was binding, the court reversed the judgment and sentences and remanded for dismissal of the charges.

Moschella matters in Tampa Bay for a specific reason. The Second District Court of Appeal hears appeals from Hillsborough, Pinellas, and Pasco Counties, so its rulings bind the trial judges our clients appear before.

Did Florida Change the Search Warrant Rule for Phones and Computers?

Yes, twice. A 2025 law gave police 45 days to return a warrant for a computer or electronic device already in police possession. Then the Legislature passed CS/HB 359, signed June 26, 2026 and effective July 1, 2026 as chapter 2026-177, Laws of Florida. Under the current statute, a device warrant is “considered timely executed” if police seize the device within 10 days, the return is due within 365 days, and the agency does not have to finish its forensic analysis within the return period.

The House Criminal Justice Subcommittee’s staff analysis of HB 359 discussed Moschella directly, and the bill responds to the problem the case exposed: forensic exams of phones and computers take longer than 10 days.

The change does not make device warrants deadline-free. The device still has to be seized within 10 days of the warrant, and the return still has a deadline. It also leaves open which version of the statute applies to a warrant issued before July 1, 2026. Our attorneys check the issuance date against the version of section 933.05 in effect that day, and we raise Moschella wherever the older rule governed.

Why Do Warrant Deadlines Matter So Much in Child Pornography Cases?

They matter because these cases usually rest entirely on what a forensic examiner finds on a seized device. Under section 827.071, Florida Statutes, knowingly possessing child sexual abuse material is a second-degree felony, and each image, and each child in each image, is a separate offense. A single phone can produce dozens of counts, each punishable by up to 15 years in prison.

Federal numbers show how heavily these cases are prosecuted. The U.S. Sentencing Commission’s Quick Facts on child pornography offenses report that 1,432 people were sentenced for these offenses in federal court in fiscal year 2025, with an average sentence of 118 months. The Middle District of Florida, which includes Tampa, sentenced 70 of them, among the most of any district in the country.

When the search that found the files was invalid, the files cannot be used. That is why a warrant timing problem can end a case that looks unbeatable. Our Tampa internet crimes attorney team treats the warrant file as the first piece of evidence to examine.

How Do Defense Attorneys Find a Late Warrant?

They line up the dates in the paperwork. The warrant shows when a judge signed it. The return and inventory show when officers executed it and what they took. Forensic reports, property receipts, and lab request forms often show when the device search actually started. Moschella’s case turned on a detective’s admission at the suppression hearing, so depositions matter too.

Our attorneys check these points in every case involving a search warrant:

1. Issuance date. The day the judge signed the warrant, which starts the clock the next day.
2. Execution date. When officers searched the place or seized the device.
3. Return date. When the warrant and inventory went back to the court.
4. Forensic start date. When the examiner began the device search, from lab logs and reports.
5. Applicable statute. Which version of section 933.05 was in effect on the issuance date.

Do Other Warrant Problems Lead to Suppression?

Yes. A late warrant is only one of several grounds for a motion to suppress in a digital evidence case. A warrant may lack probable cause, describe the place or files too broadly, or be searched beyond its scope. In Smallwood v. State, 113 So. 3d 724 (Fla. 2013), a Jacksonville robbery case, the Florida Supreme Court held that police could take a phone during an arrest but needed a warrant before searching its data, and it ordered a new trial because the photos found on the phone should have been excluded.

Many child exploitation investigations begin before any warrant, with a tip from a tech company and a subpoena for account records. Our guide to a Google account legal request in Florida explains that stage. If you suspect an investigation, representation before charges are filed can keep you from consenting to a search that no warrant would have allowed.

How Soon Should You Talk to a Lawyer After a Device Seizure?

Talk to a lawyer right away, ideally before the forensic exam is finished. Dates and chain-of-custody records are easiest to pin down early, and a lawyer can demand the warrant, the return, and the lab paperwork through discovery and take depositions before memories fade. For the charges and sentencing exposure in these cases, see our pages on child pornography defense in Tampa and child pornography sentencing enhancements.

Frequently Asked Questions

Does a late search warrant always get a case dismissed in Florida?

No. A late warrant leads to suppression of the evidence from that search, and dismissal follows only when the State cannot prove the case without it, as happened when the State stipulated in Moschella. The Brancato Law Firm evaluates what evidence would remain after suppression before advising a client on a plea or trial, as explained on our Tampa sex crimes lawyer page.

Do I have to prove the delay hurt my case?

No. The Second District held in Moschella that a defendant does not have to show prejudice from a late warrant, because the Legislature already decided what a reasonable time is. Our attorneys at The Brancato Law Firm raise the deadline issue on its own terms rather than trying to show harm.

How many days do police have to search my phone under a warrant in Florida?

Under the current section 933.05, police must seize the phone within 10 days of the warrant, and the return is due within 365 days. The Brancato Law Firm checks whether an older version of the statute, with a shorter deadline, applied to your warrant, using the statute itself on Online Sunshine.

What is a dispositive plea, and why did it matter in Moschella?

A dispositive plea is a no contest plea that reserves the right to appeal a pretrial ruling the parties agree will decide the case, so a win on appeal ends in dismissal instead of a new trial. Our team at The Brancato Law Firm uses this tool when a suppression ruling is strong enough to carry an appeal.

Can child pornography charges be dropped in Florida?

Yes. Charges can be dropped or dismissed when key evidence is suppressed, when the State cannot prove the person knowingly possessed the files, or when the files were on a device others used. The Brancato Law Firm attacks each of those points, and our Tampa internet crime lawyer attorneys handle these cases in Hillsborough, Pinellas, and Pasco Counties.

Does the 10-day rule apply to search warrants for my house or car?

Yes. Warrants for homes, vehicles, and physical items still must be executed and returned within 10 days, as in Spera, where a home search on day 13 required suppression. The Brancato Law Firm reviews every warrant in a case, not only the device warrant, because one late search can taint the evidence that followed.

Talk to a Tampa Defense Attorney About a Search Warrant

The dates on a warrant do not change, but the chance to use them can slip away once a plea is entered. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review every warrant, return, and forensic report in your case for timing and scope problems. Call (813) 727-7159; you can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you hit an age-check screen on an adult site, found that a site you used now blocks Florida, or got a call from a detective about something on your account, you probably want to know exactly where Florida draws the line. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I defended sex crimes cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, and I am the former Chief Operations Officer of that office, where I oversaw a staff of over 100 attorneys. Our attorneys defend internet and child pornography investigations across Hillsborough, Pinellas, and Pasco Counties, often before any charge is filed.

Is porn legal in Florida in 2026?

Yes, watching, buying, or owning adult pornography is legal in Florida for anyone 18 or older. No Florida statute makes it a crime for an adult to view lawful adult content, and the 2024 age verification law does not change that. Three things decide whether sexual material crosses into criminal territory: who is depicted, who receives it, and whether it is legally obscene.

• Who is depicted. Any image of a person under 18 engaged in sexual conduct is child sexual abuse material under section 827.071, Florida Statutes, no matter who made it or why.
• Who receives it. Showing, giving, or sending sexual material to a minor is a felony.
• Whether it is obscene. Material that meets the legal test for obscenity can be prosecuted when it is sold, distributed, or shown, even between adults.

Consent also matters for adults. Publishing a sexually explicit image of a real person without that person’s consent can be a crime under Florida’s sexual cyberharassment law, covered below. Nearly every question our attorneys hear about Florida porn law turns on one of these three facts.

Is porn banned in Florida? What the age verification law requires

No, porn is not banned in Florida. HB 3, signed in March 2024 as chapter 2024-42, Laws of Florida, created section 501.1737, Florida Statutes, which took effect on January 1, 2025. It requires adult websites to verify a visitor’s age before showing sexual material. The law regulates the businesses that publish the content. It does not punish the adult who views it.

“Material harmful to minors” has a specific meaning under section 847.001, Florida Statutes: sexual content that predominantly appeals to a prurient interest, is patently offensive under adult community standards for what is suitable for minors, and lacks serious literary, artistic, political, or scientific value for minors. Mainstream adult video sites fall squarely within that definition, which is why they are the main target of the law, as our attorneys explain to clients who worry that their own browsing puts them at risk.

Why do some porn sites block Florida?

Some adult sites block Florida because their owners chose not to collect age verification from Florida users. Aylo, the company that owns Pornhub, cut off Florida access on January 1, 2025, the day the law took effect. Other large sites stayed open and added an age check. A blocked site is a business decision by the company, and it does not mean Florida made adult content illegal.

Florida has gone after sites that did neither. In August 2025, Attorney General James Uthmeier sued the operators of XVideos, XNXX, BangBros, and Girls Gone Wild for failing to verify ages, and in September 2025 his office filed two more complaints, including one against Aylo entities over sites such as SpiceVids and Nutaku. The State seeks injunctions and penalties of up to $50,000 per violation. We have not found a reported final judgment in those cases as of this update. None of these lawsuits targets individual viewers, and our attorneys give clients the same answer: the law’s penalties fall on the companies.

Is Florida’s age verification law constitutional after Free Speech Coalition v. Paxton?

Yes, as things stand, Florida’s law is in force and no court has blocked it. In Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025), an adult-industry trade group challenged Texas’s nearly identical age verification law. On June 27, 2025, the U.S. Supreme Court upheld the Texas law by a 6-3 vote. The Court applied intermediate scrutiny, recognized that adults have a right to view sexual material that is obscene only for minors, and held that “adults have no First Amendment right to avoid age verification.”

The same trade group had sued Florida in federal court in December 2024. After Paxton, the plaintiffs voluntarily dismissed the Florida case in July 2025. The practical lesson for Florida residents is simple: age checks on adult sites are here to stay, and the legal fight has shifted to whether particular sites are complying. The Brancato Law Firm follows these rulings because the same First Amendment principles shape obscenity and harmful-to-minors prosecutions.

Is it illegal to use a VPN to watch porn in Florida?

No, using a VPN is legal in Florida, and no Florida law punishes an adult for using one to reach lawful adult content. Section 501.1737 does not mention VPNs, and its duties fall on the website. Florida has not passed any law that restricts VPN use.

Research shows many people respond to these laws by changing how they get to adult content. A study by David Lang and colleagues at NYU’s Center for Social Media, AI, and Politics, published in the Journal of Law & Empirical Analysis in 2026, found that in the three months after age verification laws took effect, Google searches for VPN services rose 23.6%, searches for the leading site that complied fell about 51%, and searches for the leading site that did not comply rose 48.1%.

A VPN changes your apparent location. It does not change the legality of the content. If the material involves a minor, a VPN is no defense, and it does not erase what is stored on your phone, laptop, or cloud account. In our experience, the evidence in these cases usually comes from the devices and accounts themselves, plus records from the companies that run them.

When does pornography become a crime in Florida?

Pornography becomes a crime in Florida when it involves a minor, when it is legally obscene and distributed, or when it is published without the depicted person’s consent. The table below lists the offenses our attorneys see most, with current classifications, and our Tampa internet crimes attorney page explains how we defend each charge. Felony maximums come from section 775.082, Florida Statutes: 5 years for a third-degree felony, 15 years for a second-degree felony, and 30 years for a first-degree felony.

What makes porn “obscene” under Florida law?

Material is obscene only if it meets all three parts of the test from Miller v. California, 413 U.S. 15 (1973), the U.S. Supreme Court case about a man prosecuted for mailing sexually explicit advertising brochures. Florida copies that test into section 847.001: the average person, applying contemporary community standards, would find the work as a whole appeals to the prurient interest; it depicts sexual conduct in a patently offensive way; and, taken as a whole, it lacks serious literary, artistic, political, or scientific value. Most mainstream adult content is not prosecuted as obscene.

Under section 847.011, Florida Statutes, selling, distributing, or showing obscene material is a first-degree misdemeanor, and the statute still lists simple knowing possession as a second-degree misdemeanor. Private possession has constitutional protection, though. In Stanley v. Georgia, 394 U.S. 557 (1969), police searching a Georgia man’s home for bookmaking evidence found obscene films, and the Supreme Court held that a state cannot make “mere private possession of obscene material” in the home a crime. That protection stops at material involving children, as explained below.

Is it a crime to show or send porn to someone under 18?

Yes, and it is a felony. Knowingly showing, giving, or transmitting obscene material to a minor is a third-degree felony under section 847.0133. Sending an image or data that is harmful to minors to a specific person you know or believe is a minor is also a third-degree felony under section 847.0138, and that statute reaches senders outside Florida. The “believed” language is why undercover officers posing as teenagers can bring this charge even when no real child was involved.

Both offenses are on the list in section 943.0435, Florida Statutes that requires sex offender registration, which generally lasts for life. Questions about lawful sexual activity between people of different ages are a separate topic, covered in our guide to the age of consent in Florida.

What are the penalties for child pornography in Florida after July 1, 2026?

Knowingly possessing, controlling, or intentionally viewing child sexual abuse material is now a second-degree felony, punishable by up to 15 years in prison for each image. Chapter 2026-20, Laws of Florida (HB 1159), raised the offense from a third-degree felony for conduct on or after July 1, 2026, and renamed “child pornography” as “child sexual abuse material” throughout the statutes. Under section 827.071(5), each image is a separate offense, and an image showing more than one child counts once for each child. “Intentionally view” requires proof of more than a single image.

Sentences can climb further. Under section 775.0847, Florida Statutes, the charge is reclassified one degree higher when a person possesses 10 or more images and at least one shows a child under 12, sadomasochistic abuse, sexual battery, bestiality, or any video of a child. Transmitting the material to another person now carries a 5-year mandatory minimum for adults under section 847.0137, and that statute’s definition of “transmit” covers sharing a cloud link or login. A conviction under section 827.071 requires sex offender registration. For how the reclassification math works on a scoresheet, see our post on child pornography enhancements in Florida.

The constitutional rule behind these laws is settled. In Osborne v. Ohio, 495 U.S. 103 (1990), an Ohio man was convicted for possessing nude photographs of a boy in his home, and the Supreme Court held that states may ban private possession and viewing of child pornography because of their compelling interest in protecting children, distinguishing Stanley.

Is AI-generated child pornography illegal in Florida?

Yes. Section 827.072, Florida Statutes makes it a third-degree felony to knowingly possess or intentionally view “generated child sexual abuse material,” meaning computer-created images of a fictitious person a reasonable person would regard as a real minor engaged in sexual conduct. Creating that material, or sending it to another person, is a second-degree felony. An image altered to show an identifiable real child, such as a face swapped onto another body, falls under section 827.071 and its higher penalties.

Is revenge porn illegal in Florida?

Yes. Under section 784.049, Florida Statutes, publishing or electronically sending a sexually explicit image of a person without consent, together with information that identifies the person, is sexual cyberharassment. A first offense is a first-degree misdemeanor, a second is a third-degree felony, and the person shown can sue for the greater of $10,000 or actual damages. Sending an image to a partner does not, by itself, give up that person’s expectation of privacy.

How do child pornography investigations start in Florida?

Most child pornography investigations in Florida start with a tip from a tech company, not a police officer. Platforms that detect suspected child sexual abuse material report it to the CyberTipline run by the National Center for Missing & Exploited Children (NCMEC). In 2025, the CyberTipline received 21.3 million reports nationwide, and 126,256 of them were tied to Florida, according to NCMEC’s 2025 CyberTipline reports by state. NCMEC sends those reports to Internet Crimes Against Children task forces and local agencies, which subpoena account records, identify the internet subscriber, and apply for search warrants.

The same conduct can also be charged in federal court, and the federal district that includes Tampa sentences more of these cases than any other. In fiscal year 2025, the Middle District of Florida, which includes Tampa, sentenced 70 people for federal child pornography offenses, more than any other federal district, according to the U.S. Sentencing Commission’s fiscal year 2025 Quick Facts. The same report found that 74% of people sentenced for federal child pornography offenses that year had little or no prior criminal history.

That pattern matches what we see: many of the people who call us have never been arrested. The account holder is the first person investigators look at, even when someone else in the home did the searching. A teenager who searches for explicit content involving “kids my age” can trigger the same automated report as an adult, and the subpoenas and warrants usually point to the parent who pays for the internet service. Parental controls such as Apple Screen Time and Google Family Link can help prevent that situation, and activity logs from those tools can later help show who was using a device.

Can you be charged for images you did not know were on your device?

The State must prove you knew the material was there, and that element is often where these cases are won. In Strouse v. State, 932 So. 2d 326 (Fla. 4th DCA 2006), a man was charged with seven counts after his girlfriend found images on his laptop. Six counts were dismissed because those images were old temporary internet files or composite images from website banners. The conviction on the remaining count was affirmed because his girlfriend had seen that image appear as a new icon on his screen, which showed it was more than a file the computer stored automatically. A 2008 Florida Law Review note examined the same problem: whether a person should be convicted for files a browser cache saved on its own. Knowledge is tested twice, first in a motion to dismiss or a forensic challenge before trial and again in front of the jury.

What should you do if police contact you about images online?

Do not talk to the detective, do not consent to a device search, and do not delete anything. Call a lawyer before you respond. Deleting files after you know about an investigation can lead to a separate tampering charge, and forensic examiners can often recover deleted data anyway. A detective’s request to “clear this up” is usually an attempt to get the admission that proves knowledge.

1. Day 1: Decline the interview politely and ask for the detective’s name, agency, and case number.
2. Day 1: Do not unlock, wipe, reset, or hand over phones, computers, or cloud passwords without a warrant.
3. Days 1 to 3: Have a lawyer contact the agency, invoke your rights, and route all communication through counsel.
4. First weeks: Build the defense and mitigation record before the State decides what to file.

The weeks before an arrest are the best chance to shape the outcome, which is why our firm offers representation before charges are filed. Our attorneys review the actual files in person at the law enforcement agency rather than relying on a detective’s description, and we bring in forensic experts to test how each file got onto the device. If Google or another provider has notified you that police requested your account records, our guide on what to do after a Google account legal request walks through the first steps. When an investigation involves an in-person sex offense allegation as well, see our Tampa sex crimes lawyer page.

What results has our firm obtained in these cases?

Our attorneys have resolved internet and child pornography investigations without a registrable conviction, and in some cases without any charge. These results are published on our case results page.

Past results do not guarantee future outcomes.

Frequently asked questions about Florida porn laws

Is it illegal for a minor to watch porn in Florida?

Florida’s pornography laws target the websites and people who provide sexual material to minors, and no statute makes a minor’s viewing alone a crime. When teenagers trade nude images with each other, though, Florida’s sexting statute applies, starting with a noncriminal citation. The Brancato Law Firm represents families when a school or detective gets involved and works to keep a teenager’s mistake in juvenile court or out of court entirely.

Can I get in trouble for using a VPN to watch porn in Florida?

No, an adult using a VPN to reach lawful adult content does not violate Florida law, because section 501.1737 regulates websites, not viewers. Our attorneys at The Brancato Law Firm remind clients that a VPN offers no protection when the content involves a minor, since the evidence comes from the device and the accounts.

Is OnlyFans legal in Florida?

Yes, subscribing to or selling adult content on platforms like OnlyFans is legal in Florida when everyone involved is 18 or older and consented. The Brancato Law Firm advises adult creators that the legal risks come from content involving anyone under 18, posting another person’s images without consent, and material that meets the obscenity test.

What happens if my child searched for illegal content on my internet account?

Investigators usually start with the account holder, so a parent can become the first suspect when a child’s search triggers a report. The Brancato Law Firm steps in at that stage through pre-file advocacy, contacting the detective and helping show who actually used the device.

Is sending a nude photo to a 17-year-old a crime in Florida?

Yes, an adult who sends sexual images to someone known or believed to be a minor commits a third-degree felony under section 847.0138, and a conviction requires sex offender registration. The Brancato Law Firm defends these charges, including cases that come from undercover chats, as explained in our post on solicitation of a child using a computer.

Can child pornography charges be dropped in Florida?

Yes, prosecutors can drop or reduce these charges when the evidence of knowledge, age, or identity is weak or when the defense presents strong mitigation. In a 2026 case, The Brancato Law Firm obtained a reduction from four child pornography felonies to obscenity counts that do not require registration; learn more from our internet crimes defense team.

Do you have to register as a sex offender for possessing child pornography in Florida?

Yes, a conviction under section 827.071 requires sex offender registration under section 943.0435, generally for life, with a petition for removal possible only after 25 years in limited cases. The Brancato Law Firm looks for lawful resolutions that avoid a registrable offense, such as the obscenity reduction described above. Our guide to Florida child sexual abuse material charges covers the defenses in more detail.

Can police search my phone if they say they found porn on my account?

Police generally need a search warrant or your consent to search your phone, and you can refuse consent. The Brancato Law Firm reviews every warrant in these cases for problems with the probable cause, the scope of the search, and the timing of the forensic exam.

Talk to a lawyer before you talk to a detective

Your next step, if a detective has called, knocked, or sent a provider notice, is to say nothing about the images and call us first. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will contact the agency for you, protect your devices and accounts from a consent search, and start building the defense before the State decides what to charge. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

In a typical Florida age-of-consent prosecution, the State’s case rests on two birth dates and whatever the accused told a detective, because the younger person’s willingness is not a defense. I saw how these cases are built, and where they come apart, in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. My name is Rocky Brancato, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict. Our attorneys defend people accused of sex offenses involving teenagers across Hillsborough, Pinellas, and Pasco Counties, starting with the first call from a detective.

What is the age of consent in Florida?

The age of consent in Florida is 18, but no single statute says so. The rule comes from three laws read together: section 794.05, Florida Statutes, for 16- and 17-year-olds; section 800.04, Florida Statutes, for anyone under 16; and section 794.011, Florida Statutes, the sexual battery law, for any sexual act without consent. These statutes apply in every Florida county, so the answer is the same in Tampa, Miami, or Orlando.

Two rules apply whenever the younger person is a minor these statutes protect. First, the minor’s agreement does not count: section 800.04(2) states that “[n]either the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.” Second, a mistake about age does not help. Under section 794.021, Florida Statutes, “ignorance of the age is no defense,” and neither is a lie about age or “a bona fide belief” that the person was older. Section 800.04(3) applies the same rule to children under 16. The table below shows how Florida law treats the most common age combinations.

Our attorneys at The Brancato Law Firm start every one of these cases by fixing both people’s ages on the date of each alleged act, because the row that applies decides the charge, the penalty, and whether registration follows.

Can a 16- or 17-year-old legally date someone 18 to 23 in Florida?

Yes. Florida has no law against dating at any age, and section 794.05 makes sexual activity with a 16- or 17-year-old a crime only when the older person is 24 or older. A 16-year-old and an 18-year-old, a 17-year-old and a 19-year-old, or a 17-year-old and a 23-year-old do not violate section 794.05 when both consent.

• 16 and 18: not a crime under section 794.05.
• 17 and 19, or 17 and 20: not a crime under section 794.05.
• 16 and 23: not a crime under section 794.05.
• 17 and 24: a second-degree felony for the 24-year-old.
• 15 and any age: a felony under section 800.04, covered below.

The older partner’s birthday can change the answer overnight. A relationship that starts when the older partner is 23 becomes a felony for any sexual activity on or after the older partner’s 24th birthday while the younger partner is still 16 or 17. The State has to prove the date of each act, and The Brancato Law Firm holds prosecutors to that proof.

Section 794.05 also has one narrow exception. Subsection (3) says its provisions “do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743,” which is Florida’s process for legally emancipating a minor. Being outside section 794.05 does not protect every part of a relationship. Photos, school and family authority, and disputed consent fall under other statutes, explained in the section on what consent does not cover below.

What happens if the older partner is 24 or older?

A person 24 or older who has sexual activity with a 16- or 17-year-old commits unlawful sexual activity with certain minors, a second-degree felony under section 794.05(1). The maximum sentence is 15 years in prison under section 775.082, Florida Statutes, and the maximum fine is $10,000 under section 775.083, Florida Statutes. A conviction requires sex offender registration under section 943.0435, Florida Statutes, which lists section 794.05 as a qualifying offense and counts a plea “regardless of whether adjudication is withheld.”

“Sexual activity” has a specific meaning in section 794.05: oral, anal, or female genital penetration by, or union with, the sexual organ of another, or penetration by any other object. Kissing or touching that does not meet that definition is not a section 794.05 offense. The statute also says the 16- or 17-year-old’s “prior sexual conduct is not a relevant issue,” and if the offense results in a birth, paternity is established under chapter 742 and an offender found to be the father must pay child support. Our full guide to unlawful sexual activity with a minor in Florida covers the elements, penalties, and defenses in detail, and our Tampa sex crimes defense attorney page explains how our firm approaches these charges.

The 24-year line exists because of a Florida Supreme Court case. In B.B. v. State, 659 So. 2d 256 (Fla. 1995), a juvenile case that reached the court from the Second District Court of Appeal, both teenagers were 16, and the State prosecuted one of them under the old version of section 794.05, which applied to “any person.” The court held the statute unconstitutional as applied to a minor, because the State had not shown that prosecuting one 16-year-old for consensual sex with another was the least intrusive way to protect minors. In 1996, the Legislature rewrote section 794.05 so that it applies only to a person 24 or older (chapter 96-409, Laws of Florida).

The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, then upheld the new age line in State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999). The court held that limiting criminal responsibility to people 24 and older is not arbitrary, because the Legislature could decide that people in that group “were more likely than others to understand the consequences of their actions and to cause harm to minors.” With the age line settled, The Brancato Law Firm focuses these defenses on the facts the State must prove: the act, the dates, and the ages.

Is sex with someone under 16 always a crime in Florida?

Yes. Under section 800.04(4), sexual activity with a person 12 to 15 years old is lewd or lascivious battery, a second-degree felony, no matter how old the other person is. Section 800.04 has no close-in-age exception, so an 18-year-old with a 15-year-old and a 17-year-old with a 14-year-old can both be charged. Touching a person under 16 in a lewd or lascivious manner, without sex, can be charged as lewd or lascivious molestation or lewd or lascivious conduct.

The Florida Supreme Court rejected the argument that a willing teenager changes the result in Jones v. State, 640 So. 2d 1084 (Fla. 1994). One defendant was 18, and in the companion case two men aged 19 and 20 had sex with 14-year-old girls who, the parties agreed, consented. The court upheld section 800.04, holding that “neither the level of intimacy nor the degree of harm are relevant when an adult and a child under the age of sixteen engage in sexual intercourse.”

Teenagers can be charged too. In J.A.S. v. State, 705 So. 2d 1381 (Fla. 1998), two 15-year-old boys were charged after consensual sexual activity with two 12-year-old girls. The court held that section 800.04 could be applied to them in the juvenile system, because the State’s interest in protecting 12-year-olds outweighed the older teens’ privacy interest. Penalties under section 800.04 range from a third-degree felony for some offenders under 18 to a life felony for an adult accused of molesting a child under 12; our guide on how to fight a lewd and lascivious charge in Florida breaks down each tier.

Research shows how often these cases involve people who already know each other. A U.S. Office of Juvenile Justice and Delinquency Prevention bulletin, Statutory Rape Known to Law Enforcement (2005), analyzed 2000 National Incident-Based Reporting System data and found that 95% of statutory rape victims were female and almost 3 of every 5 were 14 or 15 years old. Three in 10 offenders were boyfriends or girlfriends and 6 in 10 were acquaintances, and an arrest occurred in 42% of incidents. Because so many of these cases grow out of an existing relationship, our attorneys at The Brancato Law Firm look closely at the messages and timeline between the two people.

Does Florida have a Romeo and Juliet law?

Yes, but it does not make any relationship legal and it is not a defense to a charge. Florida’s Romeo and Juliet law, section 943.04354, Florida Statutes, lets a person who was close in age to the minor ask a court to remove the requirement to register as a sexual offender after a conviction. The closest thing Florida has to a close-in-age rule for the crime itself is the under-24 line in section 794.05.

Section 794.05 is not on the list. A person convicted of unlawful sexual activity with a 16- or 17-year-old cannot use the Romeo and Juliet law, and a 24-year-old is always more than 4 years older than a 16- or 17-year-old in any event. For that person, the main path off the registry is the general petition under section 943.0435(11), which requires at least 25 years after release from all confinement and supervision with no arrest for any felony or misdemeanor.

Courts apply the statute strictly. In Hurtado v. State, 332 So. 3d 15 (Fla. 2d DCA 2021), a Hillsborough County judge denied a Romeo and Juliet motion without explaining why. The Second District reversed, holding that the current statute allows the motion to be decided at a hearing after sentencing and that a denial without reasons cannot stand, and it noted that “[s]uccessive motions to remove the registration requirement are not authorized.”

A 2026 decision shows the limits. In Maxey v. State, No. 6D2024-1883 (Fla. 6th DCA Mar. 6, 2026), an Orange County judge had granted registry removal to a man who was 28 when he committed an online solicitation offense under section 847.0135(3) involving a person he believed was 14. The judge later vacated that order, and the Sixth District affirmed: his offense was not on the statute’s list and he was more than 4 years older, so the court had no discretion to grant relief. Because the offense of conviction decides whether this relief exists at all, our attorneys at The Brancato Law Firm weigh registration consequences, including Romeo and Juliet eligibility, before any plea.

Relief under this law is rare. As of October 2024, Florida’s sex offender registry listed 86,207 people, and 1,999 registered sex offenders lived in Hillsborough County communities, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11 (2024). From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry; 2,282 of them had died, and 26 were removed under the Romeo and Juliet law.

The pattern is older than that report. A Florida Senate Committee on Criminal Justice issue brief, Examine Florida’s “Romeo and Juliet” Law (September 2011), found that as of July 2011 courts had granted 241 petitions, 93% of them for a lewd or lascivious offense, and that the largest share of granted petitions, 24%, came from the 6th Judicial Circuit, which covers Pasco and Pinellas Counties. Our Romeo and Juliet registry removal guide explains how The Brancato Law Firm prepares the motion.

What does consent not cover in Florida?

Consent between a 16- or 17-year-old and a partner under 24 answers only one question: whether section 794.05 applies. Six other rules can still lead to felony charges in a relationship that section 794.05 allows.

1. Photos and videos. Section 827.071, Florida Statutes, defines a child as anyone under 18, so a sexual image of a 16- or 17-year-old is child sexual abuse material even when the relationship is legal. Possessing it is a second-degree felony, and each image is a separate offense. Our post on Florida pornography and age verification laws covers the image laws in more depth.
2. Sending explicit images to a minor. Sending material harmful to minors to someone known to be under 18 can be charged under section 847.0138, Florida Statutes, a third-degree felony. Between two minors, section 847.0141, Florida Statutes, makes a first sexting violation a noncriminal violation, but images showing sexual conduct can still be prosecuted under other laws.
3. School employees and volunteers. Under section 800.101, Florida Statutes, an adult employed by, volunteering at, or under contract with a school commits a second-degree felony by engaging in sexual conduct or “a relationship of a romantic nature” with a student. The statute defines a student as a person enrolled at a school, with no age limit. Our post on what happens when a teacher is arrested in Florida covers the career consequences.
4. Parents, stepparents, and custodial adults. Under section 794.011(8), a person in “a position of familial or custodial authority” who engages in sexual battery with a 12- to 17-year-old commits a first-degree felony, and the minor’s willingness “is not a defense to prosecution.”
5. Disputed consent. Consent in Florida means “intelligent, knowing, and voluntary consent.” If a 16- or 17-year-old says an act was not consensual, the accused can face a sexual battery charge under section 794.011(5)(a), a first-degree felony when the accused is 18 or older. Allegations like this sometimes surface after a parent learns about the relationship.
6. Age mistakes. A fake ID or a dating-app profile showing 18 is not a defense under section 794.021 or section 800.04(3).

The Brancato Law Firm checks each of these statutes against the facts at the start of a case, because a relationship that falls outside section 794.05 can still be charged under one of them.

Is there a crime called statutory rape in Florida?

No. Florida’s criminal statutes do not use the term “statutory rape.” People use it to describe sex with someone under the age of consent, and in Florida that usually means one of three charges:

• Unlawful sexual activity with certain minors (section 794.05): a person 24 or older with a 16- or 17-year-old.
• Lewd or lascivious battery (section 800.04(4)): sexual activity with a 12- to 15-year-old, by anyone.
• Sexual battery (section 794.011): any sexual act with a child under 12, or with a person of any age who did not consent.

The label matters less than the statute on the charging document, because each one has different elements, penalties, and registration consequences. When someone tells us a detective mentioned “statutory rape,” our attorneys at The Brancato Law Firm first find out which statute the detective is working under and which dates and ages the State believes it can prove.

What should you do if a detective calls about a relationship with a teenager?

Do not agree to an interview, and call a defense lawyer before you say anything. We have seen the pattern many times: a detective calls and asks you to come in “just to talk,” keeps the tone friendly, and says something like “We know it was consensual. We’re not saying you forced her.” In a section 794.05 or section 800.04 case, consent is not a defense, so an admission that the relationship happened can supply most of the State’s case.

Most of these cases begin with interviews, not physical evidence, and an investigation can run for weeks before anyone is arrested. That window matters. Our representation before charges are filed can include speaking with the detective for you and presenting information to the State Attorney’s Office for the 13th Judicial Circuit before it decides whether to file. In sex cases involving teenagers, The Brancato Law Firm has had the State decline to file charges, as the results below show.

• Do not call, text, or message the other person or their family about the allegation.
• Do not delete anything. Save texts, photos, and records that show dates, because the charge depends on each person’s age on the date of each act.
• Do not post about the relationship or the investigation on social media.
• Write down the detective’s name, agency, and case number, and give them to your lawyer.

If an arrest has already happened in Hillsborough County, first appearance takes place within 24 hours at the Orient Road Jail, where bond and no-contact conditions are set. Our Hillsborough County criminal defense attorney page explains what comes next.

Real results in age-of-consent cases

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently Asked Questions About the Age of Consent in Florida

Can an unlawful sexual activity with a minor charge be dropped in Florida?

Yes. Prosecutors can drop or dismiss a section 794.05 charge when the proof of the act, the dates, or the ages does not hold up. The Brancato Law Firm had one such charge against a 27-year-old dismissed after a social media investigation exposed the accuser’s conflicting statements, and our sex crimes defense team handles these cases from investigation through trial.

Is it illegal for an 18-year-old to have sex with a 15-year-old in Florida?

Yes. Sexual activity with a 15-year-old is lewd or lascivious battery under section 800.04, a second-degree felony, regardless of consent. The Brancato Law Firm defends these charges by testing the dates and ages the State must prove, as our article on lewd and lascivious charges explains.

Can my parents press charges if I am 17 and my partner is 20?

Parents can report a relationship to police, but the State Attorney’s Office decides whether to file charges, and consensual sex between a 17-year-old and a 20-year-old does not violate section 794.05. The Brancato Law Firm steps in when a report like this turns into a claim that the sex was not consensual, which is a different and more serious charge, and our pre-file advocacy starts before any arrest.

Is it legal to send nude photos to a 17-year-old partner in Florida?

No. A sexual image of anyone under 18 is child sexual abuse material under section 827.071, and sending explicit images to a known minor can be charged under section 847.0138, even when the sexual relationship itself is legal. Our attorneys at The Brancato Law Firm defend image-based charges, which our post Is Porn Legal in Florida? covers further.

Does the Romeo and Juliet law apply to a section 794.05 conviction?

No. Section 943.04354 covers only convictions under sections 800.04, 827.071, and 847.0135(5), and the person must be no more than 4 years older than a minor who was 13 to 17. The Brancato Law Firm reviews whether another path, such as the 25-year petition under section 943.0435(11), is available; our page on Florida Romeo and Juliet registry removal explains who qualifies.

What if a 16-year-old said they were 18?

It is not a defense. Under section 794.021, ignorance of the minor’s age, a misrepresentation of age, or a good-faith belief that the person was older does not excuse the offense. The Brancato Law Firm still documents what the accused was told, because the circumstances can matter in negotiations with the prosecutor, as our post on ignorance of the victim’s age explains.

Can a teacher date an 18-year-old student in Florida?

No. Section 800.101 makes it a second-degree felony for a school employee, volunteer, or contractor 18 or older to engage in sexual conduct or a romantic relationship with a student, and it defines a student as a person enrolled at a school, with no age limit. The Brancato Law Firm defends educators accused under this statute, and our post on a teacher arrested in Florida covers the certification fallout.

Can two 15-year-olds be charged for having sex in Florida?

Yes. Section 800.04 applies to anyone who has sexual activity with a person 12 to 15, including another teenager, and the Florida Supreme Court allowed a juvenile prosecution of 15-year-olds in J.A.S. v. State. The Brancato Law Firm represents teenagers in juvenile court, where we push for outcomes such as treatment-based agreements that avoid sex offender registration.

Call before the first interview

Detectives usually try to get a statement before the accused has a lawyer, so the best time to call is before any interview. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can speak with the detective for you, preserve the messages and records that show dates and ages, and start building the defense right away. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Florida sorts sex offenses into a handful of charge families: sexual battery, lewd or lascivious offenses, unlawful sexual activity with a minor, child sexual abuse material, online solicitation and traveling to meet a minor, video voyeurism and indecent exposure, prostitution, and human trafficking. Almost all of them are felonies. Many carry mandatory minimum prison terms, which means a judge cannot go below the number no matter what the circumstances are. And nearly all of them carry sex offender registration that lasts for the rest of a person’s life unless a court removes it.

Several new laws that took effect on July 1, 2026 changed this area of the law significantly. Penalties went up across the child exploitation statutes, several offenses gained mandatory minimums that judges previously had discretion over, and the restrictions that follow people after a conviction expanded.

Sex crimes are the most common cases we handle at The Brancato Law Firm. Rocky Brancato spent years in a dedicated Major Crimes Unit at the Hillsborough County Public Defender’s Office handling only sex offense and child abuse cases, and later ran that office as Chief Operations Officer and Chief Assistant Public Defender, overseeing a staff of over 100 attorneys. One thing we tell nearly everyone who calls: the consequences that arrive after a case ends usually reshape a person’s life more than the sentence does. That is why this guide gives registration, designation, probation, and civil commitment as much room as the charges themselves.

A note on terminology before we start. Florida law no longer uses the phrase “child pornography.” As of July 1, 2026, the statutes use “child sexual abuse material,” often shortened to CSAM. The Legislature wrote the change into the bill as a rename rather than a redefinition, so cases charged under the old language still work the same way.

What Counts as a Sex Offense in Florida?

Florida’s sex offenses are spread across several chapters of the criminal code rather than gathered in one place.

The chapter matters because it determines the penalty structure, whether a mandatory minimum applies, and whether the conviction triggers registration. Two charges that sound similar to a person reading a police report can sit in different chapters and carry sentences decades apart.

Three factors move a charge between tiers more than anything else:

• The age of the alleged victim. Under 12, 12 to 15, 16 to 17, and 18 or older are the dividing lines that appear over and over.
  
• The age of the accused. Nearly every statute treats an offender 18 or older more harshly than one under 18, and several carry mandatory minimums that apply only to adults.
  
• Force, coercion, or a weapon. These aggravators can lift a second-degree felony to a life felony.
  

Prior convictions, custodial authority over the alleged victim, and multiple accused people acting together can also reclassify a charge upward.

Sexual Battery Charges in Florida

Sexual battery is Florida’s legal term for what most people call rape. Section 794.011 defines it as oral, anal, or vaginal penetration by, or union with, the sexual organ of another person, or penetration by any other object. Consent under Florida law means intelligent, knowing, and voluntary consent. The statute is explicit that a person’s failure to physically resist does not establish consent.

Penalties turn on the ages of the people involved and whether force was used.

The statute lists the aggravating circumstances that raise a charge a full degree: the alleged victim was physically helpless or physically incapacitated, was administered a drug without their knowledge, was coerced by a threat of force or retaliation, is mentally defective and the accused knew or had reason to believe it, or the accused was a law enforcement or corrections officer or someone else in a position of control or authority. A prior conviction under the same chapter, or the accused holding a position of familial or custodial authority, can also push a charge into a higher tier than the table shows. Our explainer on sexual battery in Florida walks through each subsection in detail.

Capital Sexual Battery and the Death Penalty

Florida law makes sexual battery on a child under 12 by an adult a capital felony. A 2023 law created a sentencing procedure at section 921.1425 that authorizes prosecutors to seek a death sentence in those cases. If the state intends to pursue it, it must file notice within 45 days of arraignment listing the aggravating factors it intends to prove.

The constitutional picture is more complicated than the statute suggests. In Kennedy v. Louisiana (2008), the United States Supreme Court held that the Eighth Amendment forbids the death penalty for a crime against an individual that does not result in death, including child rape. Florida’s statute openly disputes that ruling, and the Legislature wrote its disagreement with Kennedy into the text. Prosecutors have filed notice of intent to seek death in a small number of cases since the law took effect, but no death sentence has been imposed under it, and Kennedy remains controlling federal law, which means any death sentence entered under the Florida statute would face reversal on appeal. In practice, life imprisonment without parole is the sentence these cases produce.

Lewd or Lascivious Offenses in Florida

Section 800.04 covers lewd or lascivious acts committed upon or in the presence of a person under 16. It contains four separate offenses, and the difference between them is the conduct alleged.

Two rules inside this statute surprise people constantly. Consent is not a defense, and neither is the alleged victim’s lack of chastity. Separately, the statute states that a mistaken but genuine belief about the child’s age cannot be raised as a defense, even if the child lied about their age. We wrote about why age mistakes are no defense because it is one of the most common misunderstandings we hear on intake calls.

Florida has parallel statutes covering lewd or lascivious offenses against elderly or disabled adults, including section 825.1025. Our lewd and lascivious defense guide covers the strategy side of these cases.

What Is the Age of Consent in Florida?

Florida’s age of consent is 18. There is one narrow exception: section 794.05 makes it a second-degree felony for a person 24 or older to engage in sexual activity with a 16 or 17-year-old. A person under 24 is not charged under that statute for the same conduct. So in practical terms, a 16 or 17-year-old can legally consent to a partner who is 23 or younger, and cannot consent to anyone 24 or older.

Below 16, the analysis moves to chapter 794 and section 800.04, and the penalties climb steeply. Sexual activity with a person 12 to 15 is charged as lewd or lascivious battery or as sexual battery depending on the facts.

Our articles on the age of consent, on unlawful sexual activity with minors, and on statutory rape defense cover the age brackets in more detail.

Child Sexual Abuse Material Charges After July 1, 2026

This is the area the 2026 legislature changed most. House Bill 245 replaced “child pornography” with “child sexual abuse material” throughout the Florida Statutes. House Bill 1159 raised penalties, added mandatory minimums, and created new offenses. The Senate summaries of HB 245 and HB 1159 set out both bills in full.

Section 827.071 now reads as follows.

Each image is a separate offense under Florida law, and when a single image depicts more than one child, each child is a separate offense. That is how a possession case involving one device turns into an indictment with dozens of counts.

The statute now includes a narrow exception to the mandatory minimums. A court is not required to impose one if it makes written findings that the depicted child was 14 or older, the material was created with that child’s permission, the offender was no more than four years older, and the offender did not send it to any third party.

Transmission is charged separately under section 847.0137, a second-degree felony that carries a five-year mandatory minimum for an offender 18 or older. Our guides on CSAM defense in Tampa and on charge enhancements in these cases go deeper on how counts stack.

AI-Generated Material

Section 827.072 treats computer-generated and AI-generated material as a chargeable offense on its own terms. The 2026 legislation raised intentionally creating generated child sexual abuse material from a third-degree felony to a second-degree felony, and created a new second-degree felony for transmitting it. The statute reaches images portraying a fictitious person a reasonable person would take for a real child, so the state does not have to prove that a real child was depicted. That removes what defendants and their families often assume is an obvious defense.

Online Solicitation and Traveling to Meet a Minor

Section 847.0135 is the statute behind most internet sting cases in Hillsborough, Pinellas, and Pasco Counties.

• Solicitation. Using a computer, phone, or any device capable of transmitting data to seduce, solicit, lure, or entice a child, or a person believed to be a child, into unlawful sexual conduct is a third-degree felony. It becomes a second-degree felony if the person misrepresented their own age.
  
• Traveling to meet a minor. Traveling any distance for the purpose of engaging in unlawful sexual conduct with a child, or a person believed to be a child, after using an online service to solicit them is a second-degree felony.
  
• Each message can be its own count. The statute states that each separate use of an online service in violation of the section may be charged as a separate offense.
  

Two features of this statute drive nearly every sting prosecution. First, no actual child needs to exist. If the person on the other end was an undercover detective posing as a 14-year-old, the statute still applies as long as the accused believed they were communicating with a child. Second, the statute says outright that law enforcement involvement in detecting the offense is not a defense, which narrows entrapment arguments to the specific conduct of the officers rather than the existence of the operation.

That leaves the defense work in the details: who initiated contact, who escalated the conversation, what the officer said about age and when, whether the operation induced conduct the person was not otherwise predisposed to, and whether the digital evidence was collected and preserved properly. We cover this in our guides to online sting defense, computer solicitation charges, and traveling to meet a minor. Cases built by private “predator catcher” groups rather than law enforcement raise a different set of problems, which we address in our article on vigilante predator catchers.

Charges of this kind often arrive alongside device seizures and search warrants, which is where our Tampa internet crimes work usually begins.

Video Voyeurism and Indecent Exposure

Section 810.145, now titled digital voyeurism, covers secretly viewing, recording, or broadcasting someone who is dressing, undressing, or exposing their body somewhere they have a reasonable expectation of privacy. The charge level turns on the age of the accused rather than on whether it is a first offense. An offender under 19 commits a first-degree misdemeanor. An offender 19 or older commits a third-degree felony.

The charge rises to a second-degree felony for anyone with a prior conviction under the same section, and for an offense committed by someone responsible for a child’s welfare, by a school employee against a student of that school, or by anyone 24 or older against a child under 16. Sharing or selling the recording is charged separately.

Section 800.03, exposure of sexual organs, is a first-degree misdemeanor on a first conviction and a third-degree felony on a second or subsequent one.

These are the lowest-tier offenses in this guide, and they are still capable of triggering registration in certain circumstances. Our article on video voyeurism charges explains when that happens.

Prostitution and Solicitation Charges

Florida treats prostitution offenses under chapter 796. Most first-time charges here are misdemeanors, and they escalate quickly with repetition.

• Offering to commit prostitution is a second-degree misdemeanor on a first offense, a first-degree misdemeanor on a second, and a third-degree felony on a third or subsequent offense.
  
• Soliciting another person to commit prostitution is a first-degree misdemeanor on a first offense, a third-degree felony on a second, and a second-degree felony on a third or subsequent offense.
  
• Deriving support from the proceeds of prostitution is a second-degree felony on a first offense under section 796.05, and it climbs from there.
  

The escalation structure is why a second charge is a different situation from the first one. Our articles on prostitution law in Florida and on Tampa area prostitution stings cover how these operations are run and charged locally.

Human Trafficking Charges

Section 787.06 covers human trafficking, including trafficking for commercial sexual activity. Trafficking a minor for commercial sexual activity is a life felony, and the statute does not require the state to prove force, fraud, or coercion when the alleged victim is a minor. Trafficking offenses involving adults are generally first-degree felonies.

Trafficking charges frequently attach to conduct that the accused understood as something else entirely, including a prostitution arrangement between adults or a relationship the state characterizes differently. Our Tampa human trafficking defense guide covers the elements the state has to prove.

What Happens After a Sex Crime Conviction in Florida

This is the part almost everyone underestimates. A sentence ends. Registration, designation, and supervision conditions can last the rest of a person’s life, and they govern where a person lives, works, and travels.

Sex Offender Registration in Florida

Under section 943.0435, a person convicted of a qualifying sex offense must register with the Florida Department of Law Enforcement and maintain that registration for life, unless they receive a full pardon or the conviction is set aside. Registration obligations include in-person reporting at set intervals, reporting changes of address, vehicle, employment, and email or internet identifiers, and appearing on a public database.

Two points that catch people off guard:

• A withhold of adjudication does not avoid registration. Withholding adjudication keeps a person from being a convicted felon for many purposes, but it does not remove the registration requirement for a qualifying offense. Our article on withhold of adjudication explains what a withhold does and does not do here.

• Juvenile adjudications can trigger it. A juvenile adjudicated delinquent of certain offenses can be required to register. Our parent’s guide to juvenile registration covers when that applies.
  

For the mechanics of the reporting obligation itself, see our guide to sex offender registration in Florida.

Sexual Offender Versus Sexual Predator

These are two different legal statuses, and the distinction has real consequences.

Because predator designation is entered by court order, it can be litigated, and it can be challenged when the criteria were not actually met. We have had a sexual predator designation removed on a motion to correct an illegal sentence after the prosecutor agreed the client did not meet the statutory criteria. Each case is unique. Past results do not guarantee future outcomes. We cover the criteria in our guides to the sexual offender designation and the sexual predator designation.

Sex Offender Probation Conditions

Section 948.30 imposes a set of special conditions on anyone placed on probation or community control for a qualifying sex offense. They apply by statute, not at the judge’s discretion. They include:

• A curfew, typically from 10 p.m. to 6 a.m.
  
• Mandatory treatment with a qualified sex offender therapist
  
• No contact with the alleged victim
  
• A prohibition on possessing obscene or pornographic material
  
• Restrictions on internet and computer use until a therapist evaluates the person
  
• Submission to a DNA sample
  
• Polygraph examinations and electronic monitoring in many cases
  

When the alleged victim was a minor, additional conditions attach automatically, including a prohibition on living within 1,000 feet of a school, daycare, park, playground, or other place where children regularly congregate, and a bar on unsupervised contact with children under 18. Our Florida sex offender probation guide walks through each condition and how violations are charged.

Residency and Proximity Restrictions Expanded in 2026

Senate Bill 212 took effect July 1, 2026 and widened the geography of these restrictions. Under the revised section 775.215, a person convicted of certain sex offenses where the alleged victim was under 16 may not live within 1,000 feet of a school, child care facility, park, playground, or public swimming pool. The pool restriction is new.

 It applies to offenses committed on or after July 1, 2026, and to people already subject to residency restrictions who change their permanent residence on or after that date.

The same law made other changes worth knowing:

• The loitering and prowling restriction for registrants near places where children congregate increased from 300 feet to 500 feet.
  
• People on probation, community control, or conditional release for qualifying offenses involving a minor face new prohibitions on living within 1,000 feet of a public swimming pool, working or volunteering at one, or visiting one without prior approval.
  
• State agencies and local governments must check the registry before hiring or appointing anyone, paid or volunteer, at parks, playgrounds, public pools, and child care facilities.
  

The Senate summary of SB 212 lists the full set of amendments. For anyone already registered in Tampa Bay, the practical takeaway is that a move can now trigger the new restrictions even if the underlying conviction predates them.

Can Anyone Get Off the Florida Registry?

Rarely, and only through specific statutory routes. Two exist.

The first is the 25-year petition under section 943.0435(11). A registrant may be considered for removal after at least 25 years since release from confinement, supervision, or sanction, with no arrest for any felony or misdemeanor in that period, and only if the registering offense was not one of the disqualifying offenses listed in the statute. Removal is discretionary with the court even when every requirement is met, and the State Attorney can oppose the petition.

The second is the Romeo and Juliet provision at section 943.04354. It allows a court to remove the registration requirement where the alleged victim was 13 to 17, the offender was no more than four years older, the conduct was consensual, and the person has no other qualifying sex offense conviction.

That provision reaches sexual predators as well as sexual offenders on its face, but the qualifying criteria mean almost nobody carrying a predator designation will meet them. For most predators, the realistic path is a challenge to the designation itself rather than a removal petition.

We should be straightforward about something here. We receive a high volume of registry removal inquiries, and only a small fraction of callers actually qualify under these statutes. Our guides to registry removal and the Romeo and Juliet petition lay out the eligibility criteria so you can see where you stand before you pick up the phone.

Civil Commitment Under the Jimmy Ryce Act

Florida can hold someone in custody after their prison sentence ends. Under the Jimmy Ryce Act, sections 394.910 through 394.932, the state may petition to civilly commit a person as a sexually violent predator shortly before release. The state must prove by clear and convincing evidence that the person has a qualifying prior sex offense conviction and a mental abnormality or personality disorder making them likely to reoffend.

If the petition succeeds, the person is committed to the custody of the Department of Children and Families indefinitely, with annual reviews. Far fewer people are committed than are referred. Our Jimmy Ryce Act guide explains how the referral, the evaluation, and the jury trial work.

How Florida Sex Crime Cases Are Actually Fought

Sex cases are won and lost on preparation. Rocky Brancato has tried more than 150 jury trials to verdict, holds an AV Preeminent rating from Martindale-Hubbell, and meets the Florida Rule of Criminal Procedure 3.112 qualifications to defend capital (death penalty) cases, the preparation standard every case in the firm is built to. We have taken a sexual battery charge to trial and come back with a not guilty verdict on that count. Each case is unique. Past results do not guarantee future outcomes.

Here is where the work actually happens.

The Pre-File Window

The period between a report or an arrest and the State Attorney’s filing decision is the most important window in a sex crime case, and the one most often wasted. In Florida, an arrest does not file the charge. The State Attorney’s Office reviews the investigation and makes an independent decision about what to file, whether to file, and how many counts to bring.

Pre-file advocacy means putting evidence and context in front of the detective and the filing prosecutor before that decision is made. Depending on the case, that can include witness statements the detective never collected, digital records that establish a different timeline, medical or forensic material that undercuts the initial report, or documentation of a motive to fabricate.

The Brancato Law Firm has had multiple sex crime investigations close with no charges filed through pre-file work. Each case is unique. Past results do not guarantee future outcomes. What makes this window work is understanding how the filing decision is actually made inside a State Attorney’s Office, which is knowledge Rocky brought from running the largest criminal defense operation in Tampa Bay.

Once a charge is filed, the case takes on institutional momentum and everything gets harder. That is the honest reason we tell people not to wait.

Forensic and Digital Evidence

Sex crime prosecutions rest heavily on forensic and digital evidence, and that evidence is challengeable more often than people assume.

On the DNA side, section 943.326 requires a sexual assault kit to be submitted to the state lab within 30 days after law enforcement receives the evidence or the alleged victim requests testing, and requires the lab to complete testing within 120 days after submission. Those deadlines create a record, and the record can be checked. Beyond timing, the substance of a lab result can be examined: bench notes, raw electronic data, the analyst’s interpretation of the profile, and the statistical thresholds applied.

We handled a cold-hit sexual battery case built on an eight-year-old allegation and a CODIS match. Our team subpoenaed the lab’s bench notes, obtained the raw electronic DNA data, had an independent lab review it, and retained an expert geneticist who showed the state’s analyst had misread an allele at a critical locus. One of the state’s own experts agreed, and the prosecutor dismissed the case. Each case is unique. Past results do not guarantee future outcomes.

Medical evidence gets similar scrutiny. Findings from a Sexual Assault Nurse Examiner and conclusions from a Child Protection Team are often presented as neutral clinical fact when they involve interpretation, and interpretation can carry confirmation bias. Our articles on challenging SANE evidence and our forensic science defense work describe how those challenges are built. Cases involving allegations of harm to a child often run in parallel with our Tampa child abuse defense practice.

Evidence Rules That Apply Only in Sex Cases

Three rules change the shape of a sex crime trial compared to any other felony.

• The Williams Rule. Under section 90.404, when the charge is a sexual offense or child molestation, the state can introduce evidence of the defendant’s other sexual offenses or acts of molestation for its bearing on any relevant matter, which includes propensity. In most criminal cases, prior bad acts stay out. In sex cases, they frequently come in, and the pretrial fight over admissibility can decide the trial. See our guide to the Williams Rule.
  
• Child hearsay. Section 90.803(23) allows an out-of-court statement by a child under 18 describing abuse to be admitted if the court holds a reliability hearing and the child either testifies or is unavailable with corroborating evidence. That means a forensic interviewer or a nurse can relay what a child said. Our child hearsay article covers the reliability hearing.
  
• The rape shield law. Section 794.022 sharply limits evidence of an alleged victim’s prior sexual conduct, with narrow exceptions for establishing the source of semen or injury and for specific patterns proven at a pretrial hearing. Our rape shield guide explains where the exceptions actually apply.

The combined effect is that a consent defense has to be proven through direct evidence and cross-examination rather than through the alleged victim’s history. Our article on the consent defense covers how that is done.

Statements Made to Detectives

Statements the accused made to detectives deserve their own review. Sex crime interrogations are long, they often happen before an arrest when the person believes they are helping, and Florida recognizes an exception that allows a confession to support a conviction with limited independent corroboration. Our articles on false confessions and the confession without corpus exception explain why that combination is dangerous.

Interview technique matters here as much as the words on the transcript. Rocky is a former police academy instructor who taught officers criminal procedure and courtroom testimony, which shapes how we examine investigative technique and cross-examine the detective who ran the interview.

What to Do in the First 48 Hours

If you have been arrested, contacted by a detective, or told you are under investigation, the next two days matter more than any other two days in the case.

1. Stop talking to law enforcement. Say clearly that you are invoking your right to remain silent and your right to an attorney, then stop. Politeness does not require answering questions, and a detective telling you this is your chance to explain is not doing you a favor.
   
2. Do not contact the accuser or their family. Not to apologize, not to ask what happened, not through a friend. Contact can produce a new charge and it hands the state a recorded statement.
   
3. Preserve everything. Do not delete messages, photos, apps, or accounts, and do not reset a device. Deletion is recoverable, it is provable, and it creates a consciousness of guilt argument and potentially a separate charge. Preserve what exists instead.
   
4. Write down the timeline while it is fresh. Names, times, locations, who else was present, what devices were used. Give it to your attorney rather than to anyone else.
   
5. Call a defense attorney before charges are filed. The pre-file window is short and it does not reopen.
   

If contact with a detective has already happened, it is still worth getting counsel involved immediately. If you believe you may have messaged a minor online, our guide covers the steps to take right now.

Talk to a Tampa Sex Crimes Defense Attorney

Sex crime charges in Florida carry consequences that outlast any sentence, and the choices made in the first days of a case tend to shape everything that follows. If you or a family member has been arrested or contacted by a detective in Hillsborough, Pinellas, or Pasco County, call The Brancato Law Firm at (813) 727-7159 for a free and confidential consultation. We handle sex crimes defense from our downtown Tampa office two blocks from the Hillsborough County Courthouse, we give a straight answer about where a case stands, and we provide a clear flat-fee quote before you commit to anything.