Florida Statutes 847.002 – Child pornography prosecutions
Current as of: 2023 | Check for updates
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(1) Any law enforcement officer who, pursuant to a criminal investigation, recovers images or movies of child pornography shall:
(a) Provide such images or movies to the law enforcement agency representative assigned to the Child Victim Identification Program at the National Center for Missing and Exploited Children, as required by the center’s guidelines.
Terms Used In Florida Statutes 847.002
- child: means any person, whose identity is known or unknown, younger than 18 years of age. See Florida Statutes 847.001
- Child pornography: means :(a) Any image depicting a minor engaged in sexual conduct; or(b) Any image that has been created, altered, adapted, or modified by electronic, mechanical, or other means, to portray an identifiable minor engaged in sexual conduct. See Florida Statutes 847.001
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(b) Request the law enforcement agency contact information from the Child Victim Identification Program for any images or movies recovered which contain an identified victim of child pornography as defined in s. 960.03.(c) Provide case information to the Child Victim Identification Program, as required by the National Center for Missing and Exploited Children guidelines, in any case where the law enforcement officer identifies a previously unidentified victim of child pornography.
(2) Any law enforcement officer submitting a case for prosecution which involves the production, promotion, or possession of child pornography shall submit to the designated prosecutor the law enforcement agency contact information provided by the Child Victim Identification Program at the National Center for Missing and Exploited Children, for any images or movies involved in the case which contain the depiction of an identified victim of child pornography as defined in s. 960.03.
(3) In every filed case involving an identified victim of child pornography, as defined in s. 960.03, the prosecuting agency shall enter the following information into the Victims in Child Pornography Tracking Repeat Exploitation database maintained by the Office of the Attorney General:
(a) The case number and agency file number.
(b) The named defendant.
(c) The circuit court division and county.
(d) Current court dates and the status of the case.
(e) Contact information for the prosecutor assigned.
(f) Verification that the prosecutor is or is not in possession of a victim impact statement and will use the statement in sentencing.