Sexual Exploitation Attorney in Miami

Former Miami-Dade Prosecutor Defending Fla. Stat. 827.071 Charges

A charge under Florida’s sexual exploitation statute carries felony penalties, mandatory sex offender registration, and the full prosecutorial weight of the Miami-Dade State Attorney’s Office. Attorney Armando J. Hernandez prosecuted criminal cases at that same office, so he knows firsthand how these cases are built, what evidence the state prioritizes, and where defenses can take hold. With over 20 years of Florida criminal law experience, Law Office of Armando J. Hernandez, P.A. brings that inside perspective to every client we represent throughout Miami-Dade County.

We’ve demonstrated our ability to defend serious charges involving minor victims, including a case that resulted in dismissal of sexual battery on a minor under the age of 12. Outcomes like that aren’t guaranteed, but they reflect the preparation and commitment we bring to every case.

If you or someone you know is facing a sexual exploitation charge in Miami, don’t wait. Call us at (305) 400-0074 for a free, confidential consultation. We’re available 24/7.

What Florida Statute 827.071 Covers

Florida Statute 827.071, titled “Sexual performance by a child; child pornography; penalties,” is the primary state law governing sexual exploitation of a minor. It applies to any person under 18, whether or not their identity is known, and creates several distinct offenses, each with its own classification and penalty range.

• Using a child in a sexual performance (Fla. Stat. 827.071(2)): Employing, authorizing, or inducing a minor to engage in a sexual performance, knowing the character and content, is a second-degree felony.
• Producing or promoting a sexual performance (Fla. Stat. 827.071(3)): Producing, directing, or promoting such material is also a second-degree felony.
• Possession with intent to promote (Fla. Stat. 827.071(4)): Possessing child pornography with intent to promote is a second-degree felony. Possession of three or more copies constitutes prima facie evidence of that intent.
• Intentional viewing or possession (Fla. Stat. 827.071(5)(a)): Knowingly soliciting, possessing, controlling, or intentionally viewing any depiction of child pornography is a third-degree felony. Each separate depiction and each child depicted can be charged as a separate count.

The statute defines “intentional viewing” as deliberately, purposefully, and voluntarily viewing, and proof requires more than a single image over any time period. A prosecution under this statute doesn’t preclude charges under other Florida laws, including those carrying greater penalties. When conduct involves the internet or crosses state lines, federal charges can apply as well.

Penalties & Consequences in Miami-Dade

Second-degree felonies carry up to 15 years in prison and fines of up to $10,000. Third-degree felonies carry up to 5 years and fines of up to $5,000. Because each depiction can be charged as a separate count, a single device or account can generate dozens of charges, multiplying sentencing exposure substantially.

Sex Offender Registration Requirements

Beyond incarceration, a conviction triggers mandatory registration as a sex offender with the Florida Department of Law Enforcement. Your name, photo, address, and conviction details become part of a public, searchable database. Florida law and Miami-Dade local ordinances restrict where registered sex offenders may live, prohibiting residence within 1,000 feet of schools, daycares, parks, and playgrounds. Registered offenders must also report in person to the sheriff’s office multiple times per year and notify law enforcement within 48 hours of any change in residence, employment, or vehicle.

Collateral Consequences & Civil Commitment

The consequences don’t stop at incarceration and registration. Convictions can eliminate professional licenses, bar employment involving children, and create serious barriers to housing. If the state seeks a sexual predator designation after conviction, the Jimmy Ryce Act can allow the state to pursue civil commitment proceedings, which can result in indefinite detention beyond the criminal sentence.

Defense Strategies for Fla. Stat. 827.071 Charges

Attorney Hernandez’s time at the Miami-Dade State Attorney’s Office gives our defense team direct insight into how prosecutors there prioritize and build their evidence. We begin defense work at the pre-file stage, presenting exculpatory evidence to the State Attorney before formal charges are filed to seek a No Action determination or early dismissal.

The prosecution must prove every element of the charge, and several of those elements present viable defense challenges:

• Knowledge and intent: The state must prove the defendant knew the character and content of the material. Lack of knowledge or intent is a recognized defense under subsections (2) and (3).
• Intentional viewing vs. inadvertent exposure: Cases involving cached files, auto-downloads, or single-instance viewing can be challenged on the statute’s intentional viewing definition.
• Age of the depicted person: The prosecution must establish that the person shown is an actual minor under 18. Challenging that element is a recognized defense avenue.
• Definition of sexual conduct: Whether the material meets the statutory definition of “sexual conduct” or “sexual performance” is a contested legal question that can be raised at the motion or trial stage.
• Fourth Amendment suppression: Evidence obtained through unlawful device seizures or digital account access without proper warrants may be suppressed.
• Digital forensic challenges: Metadata, download histories, and device access logs can be independently analyzed to challenge the state’s interpretation of electronic evidence.
• False accusations: When charges arise from custody disputes, personal conflicts, or other motives, exposing the accuser’s motive is an established defense approach.

Florida’s discovery and deposition rules allow us to question the state’s witnesses under oath before trial. Inconsistencies that surface during that process can shift the trajectory of a case significantly.

Why Miami Clients Facing These Charges Come to Us

Sexual exploitation charges draw intensive prosecutorial resources. Cases are heard at the Richard E. Gerstein Justice Building, and the Miami-Dade State Attorney’s Office pursues them aggressively. Retaining a sexual exploitation attorney in Miami who worked inside that office offers a meaningful strategic advantage. Attorney Hernandez knows how prosecutors there think, how they sequence evidence, and what it takes to interrupt that process.

We handle only criminal defense, with no competing practice areas dividing our attention. As a boutique practice, we dedicate 100% of our efforts and resources to each client rather than cycling cases through a high-volume intake model. Attorney Hernandez has been named to The National Trial Lawyers Top 100 Trial Lawyers list from 2013 through 2026 and holds recognition from America’s Top 100 Criminal Defense Attorneys®, a designation representing less than 0.5% of criminal defense attorneys in the United States.

Speak with a Sexual Exploitation Lawyer in Miami Today

If you’re facing charges under Florida Statute 827.071, act now. Pre-file intervention can make a meaningful difference in how a case develops, and early delays can narrow your options. We offer a free initial consultation, available 24/7, and Spanish-language services for clients who prefer them.

Se habla español. Call Law Office of Armando J. Hernandez, P.A. at (305) 400-0074 or reach us through our online contact form to speak with our team today.