Articles Posted in Child Pornography

The Florida legislature enacted laws setting forth sentencing guidelines that the courts must consider when determining an appropriate penalty for a criminal conviction. Courts have the discretion to set forth sentences outside of the guidelines, though, if they deem it appropriate in consideration of any relevant factors. Any sentence that falls outside of the guidelines must be reasonable, however, otherwise it may demonstrate an abuse of discretion. Recently, a Florida court discussed what constitutes a reasonable sentence in a case in which the defendant was convicted of producing child pornography and other sexual offenses involving minors. If you are charged with a sex crime, it is smart to hire a Clearwater sex crime defense lawyer to help you mount a compelling defense.

The History of the Case

It is reported that the defendant was charged with and convicted of enticing a minor to engage in sexual acts and producing child pornography. He was subsequently sentenced to life in prison. He appealed, arguing that the sentencing court abused its discretion in issuing the sentence. The appellate court disagreed, finding that the sentence imposed was substantively reasonable.

Evaluating Whether a Sentence is Reasonable

The courts review the reasonableness of a sentence for an abuse of discretion. If a sentence falls outside of the range suggested by the guidelines, the reviewing court can consider the degree of the deviation but must defer to the sentencing court’s determination that the sentencing factors, in their entirety, justify the degree of the variance. Continue Reading ›

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