Understanding CSAM Laws, Investigations, and Defense Strategies Under §827.071

Facing a child pornography charge—now more accurately called possession or distribution of Child Sexual Abuse Material (CSAM)—is among the most serious situations anyone can face under Florida law. A single image can result in years in prison, lifetime sex offender registration, and permanent damage to your reputation and career.

However, these cases are often far more complex than they first appear. I’m Tampa Attorney Rocky Brancato. For over 25 years, I have represented individuals who were blindsided by CSAM investigations—many with no prior record and no intent to harm anyone. In this post, I explain how these investigations unfold, what the law actually requires, and the defenses that may apply. If you are charged with child pornography, an Experienced Tampa Sex Crimes Attorney can help. My firm, the Brancato Law Firm, P.A., specializes in Florida Sex Crimes Defense.

Florida CSAM Penalties Under §827.071

Critical: Each image or video may count as a separate felony. When multiple files or multiple minors are involved, charges can add up to dozens of counts—and potential decades in prison. Additionally, all CSAM convictions require lifetime sex offender registration in Florida.

What Florida Statute §827.071 Covers

Florida’s CSAM statute criminalizes more than just production. The law prohibits:

• Possessing or intentionally viewing CSAM
• Promoting or distributing performances involving children in sexual conduct
• Producing sexual performances involving children
• Allowing or using a child to participate in such a performance

Under this law, a “child” is anyone under 18. A “sexual performance” can be a photo, video, or live event showing actual or simulated sexual conduct—including lewd exhibition or physical contact that appears sexual.

How CSAM Investigations Begin

Federal law requires companies like Google, Facebook, Snapchat, and Dropbox to monitor and report any suspected CSAM found on their platforms. These companies send reports to the National Center for Missing and Exploited Children (NCMEC) through a secure CyberTipline.

Important: By the time police contact you, the case is often well underway. Many people are shocked to learn they’re under investigation and make statements without realizing the risk. These statements may later be used against them—often unfairly.

Federal Programs Used in CSAM Investigations

National Center for Missing and Exploited Children (NCMEC)

NCMEC operates the CyberTipline where tech companies report suspected CSAM. They evaluate reports and forward credible tips to appropriate law enforcement agencies.

Child Victim Identification Program (CVIP)

CVIP helps match CSAM to known victims and assists in identifying new victims. It also trains law enforcement and prosecutors on handling this sensitive material properly.

Child Exploitation Notification Program (CENP)

Run by the FBI, CENP maintains a central database of identified victims and ensures victims are notified when their images appear in new cases.

Internet Crimes Against Children (ICAC) Task Force

ICAC is a nationwide network of 61 regional task forces that investigate CSAM offenses using undercover operations, forensic tools, and surveillance techniques.

Defense Strategies in Florida CSAM Cases

Despite the seriousness of these charges, effective defenses exist. I work to uncover flaws in how evidence was gathered and challenge the State’s assumptions.

1. Lack of Intent

Florida law requires proof that someone intentionally viewed CSAM. Accidentally clicking on an image or opening a file once is not enough. The State must prove repeated, voluntary actions demonstrating intent to view. Consequently, I challenge the State to prove intentional, knowing conduct—not mere presence of files.

2. Malware or Inadvertent Downloads

In many cases, CSAM enters devices through malware, file-sharing networks, or automatic cloud syncing—without the user’s knowledge. I work with digital forensic experts who can determine whether:

• The content was ever actually opened or viewed
• Files were saved, sorted, or organized (suggesting intentional keeping)
• Malware or external/remote access compromised the device

3. Invalid or Overbroad Search Warrants

If law enforcement failed to follow legal procedures when collecting evidence, that evidence may be excluded. I review all warrants to ensure they meet constitutional standards and challenge overbroad warrants that exceeded their proper scope.

4. Entrapment

In sting operations, law enforcement sometimes creates situations where the accused is pushed into committing acts they wouldn’t have done otherwise. Florida law allows both objective and subjective entrapment defenses, depending on the facts of the case.

Frequently Asked Questions

What is CSAM?

CSAM stands for Child Sexual Abuse Material—the updated term for what was previously called “child pornography.” The terminology change emphasizes that each file represents real harm to a real child.

Can simulated or digitally altered images lead to charges?

Yes. Even images that are altered or simulated—if they involve identifiable minors or appear to depict real children—can result in prosecution under Florida law.

What if I accidentally clicked on something?

Accidental viewing—clicking on a link without knowing what it contained, or opening a mislabeled file—may not meet the legal requirement of intentional viewing. However, prosecutors will examine browsing history, file organization, and repeated access to determine intent. A forensic expert can help demonstrate that access was unintentional.

Will I have to register as a sex offender?

Yes. A conviction for any CSAM-related offense requires lifetime sex offender registration in Florida. This makes avoiding conviction—or obtaining reduced charges that don’t carry registration requirements—critically important.

What should I do if contacted by police?

Do not speak to investigators without an attorney present. By the time police contact you, they’ve often spent months building their case. Anything you say—even attempting to explain innocence—can be used against you. Contact an experienced criminal defense attorney immediately.

Facing CSAM Charges? Time Is Critical

I’ve seen the shame and isolation that follow these accusations. Even when no real child was directly harmed—or when content was never deliberately sought—people suffer devastating consequences before they’re ever convicted.

But guilt isn’t automatic. Many investigations rely on faulty digital analysis, assumptions about device ownership, or overreach by police. If you’ve received a search warrant, been contacted by law enforcement, or already face arrest, do not speak to investigators without legal representation.

I work closely with digital forensic experts and understand how to challenge the technical evidence prosecutors rely on. Early intervention can make a critical difference in these cases.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

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

Serving Hillsborough, Pinellas, and Pasco Counties