Child Pornography Enhancements in Tampa Florida

In Florida, a conviction for child pornography (Child Sexual Abuse Material, “CSAM”) is already a serious felony. But for many people accused, the most severe penalties come from sentencing enhancements that raise the offense level and increase the maximum possible prison sentence. Read this blog post to learn more about child pornography enhancements in Tampa, Florida.

If you are being investigated or have been arrested in Tampa or the surrounding areas, you must understand how Florida Statute § 775.0847 works—and why hiring the right criminal defense attorney right away could change the course of your future.

What Triggers an Enhancement Under Florida Law

Under Florida Statute § 775.0847, a person convicted of certain child pornography-related crimes can face a reclassification—or enhancement—of the felony level if two specific conditions are met:

1. The person is convicted of a qualifying offense, such as:

• Possession of material showing the sexual performance of a child (Fla. Stat. § 827.071)
• Transmission of child pornography (Fla. Stat. § 847.0137)
• Possession with intent to promote (Fla. Stat. § 847.0135 or § 847.0138)

AND

2. The person possessed 10 or more images or files, and at least one image or file depicts:

• A child under 5 years of age
• Sadomasochistic abuse involving a child
• Sexual battery involving a child
• Sexual bestiality involving a child
• Any video or movie, including motion picture films and computer-generated videos

What This Means for Sentencing

When both conditions are met, the offense is reclassified upward, which increases the possible penalties under Florida law:

• A third-degree felony is reclassified to a second-degree felony (carrying up to 15 years in prison)
• A second-degree felony is reclassified to a first-degree felony (carrying up to 30 years in prison)

Here are the maximum penalties by degree:

Reclassification not only increases the maximum sentence but may also affect gain time, probation conditions, and how the offense scores on the Florida Criminal Punishment Code.

These Enhancements Are Common in Tampa Cases

State prosecutors in Hillsborough, Pinellas, and Pasco counties regularly charge enhancements in child pornography cases. This is because digital evidence almost always involves more than 10 images, and prosecutors often claim that at least one file meets the aggravating criteria.

However, these enhancements are not automatic—and a skilled defense attorney can often challenge their application.

Fighting Back: How The Brancato Law Firm, P.A. Can Help

At The Brancato Law Firm, P.A., we bring unmatched experience to defending sex crimes, especially complex child pornography cases involving enhancements. Attorney Rocky Brancato is a former leader in a specialized sex crimes unit and has handled these charges for over 25 years.

We challenge enhancements by:

• Disputing the number or nature of files
• Challenging the alleged age of the person depicted
• Reviewing file metadata and source location
• Analyzing whether the content was knowingly possessed
• Suppressing evidence obtained through illegal search or seizure

We also bring in forensic experts, when needed, to dispute the age of individuals depicted or whether a file even qualifies as unlawful.

Visit our Tampa sex offense attorney page to learn more about our approach to these complex cases.

Do Not Wait for Charges to Get Worse

In many cases, enhancements are added after the initial arrest. If you are under investigation or have been recently arrested, this is the time to act.

Early legal intervention allows us to:

• Contact the assigned prosecutor before formal charges
• Present mitigating evidence
• Begin challenging enhancement criteria before they are filed
• Push for charge reductions or dismissals

Every case we take receives personal attention, and we deliberately maintain a low caseload to deliver strategic, high-quality defense.

Call Today for a Confidential Consultation

A child pornography conviction can carry life-altering consequences. But when enhancements apply, the risks increase dramatically. You need a sex crimes attorney who has handled the toughest cases and who knows how to fight back.

Call The Brancato Law Firm, P.A. at (813) 727-7159 today or visit our sex crimes defense page to schedule a confidential consultation.

We serve clients in Tampa, Hillsborough County, Pinellas, and Pasco and are ready to protect your rights.

Frequently Asked Questions About Child Pornography (CSAM) Enhancements in Florida

What is a child pornography enhancement under Florida law?

A child pornography enhancement is a sentencing increase under Florida Statute § 775.0847. It applies when a person is convicted of a qualifying child pornography offense and possesses 10 or more images that include certain aggravating factors, such as a child under five years old or a video depicting sexual abuse.

Which charges can trigger an enhancement?

Enhancements often apply to charges under Florida Statutes §§ 827.071, 847.0135, 847.0137, and 847.0138. These include possession, transmission, or promotion of child pornography. Prosecutors in Tampa and surrounding counties frequently rely on these statutes when seeking higher penalties.

How does an enhancement affect sentencing?

An enhancement increases the felony degree and maximum prison sentence.

• A third-degree felony becomes a second-degree felony (up to 15 years).
• A second-degree felony becomes a first-degree felony (up to 30 years).
  It can also raise the sentencing score under the Florida Criminal Punishment Code, affect probation terms, and reduce eligibility for gain time.

Are enhancements automatically applied in Tampa cases?

No. Although prosecutors often attempt to apply them, enhancements are not automatic. The State must prove both the number of images and the qualifying nature of at least one file. A skilled Tampa defense attorney can challenge whether the enhancement truly applies.

How can a defense attorney fight a child pornography enhancement?

An experienced defense attorney can dispute:

• The number or type of images
• The age of the person depicted
• Whether files were knowingly possessed
• The source and metadata of the digital evidence
• Any illegal search or seizure that led to the evidence

At The Brancato Law Firm, P.A., forensic experts are often used to analyze file content and age determinations.

Why hire The Brancato Law Firm, P.A. for a child pornography case?

Attorney Rocky Brancato has more than 25 years of experience defending sex crimes and led a specialized sex crimes unit before founding the firm. He personally handles every case, ensuring a focused strategy to challenge enhancements and minimize penalties. The firm represents clients throughout Tampa, Hillsborough, Pinellas, and Pasco Counties.

When should I contact a lawyer?

Immediately. Enhancements are often added after the initial arrest. Early intervention allows the defense to communicate with prosecutors, challenge enhancement criteria, and present mitigating evidence before charges escalate.