Current Leon County Arrests for Child Pornography

June 9, 2023 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Child pornography cases can destroy a defendant’s life. Given the nature of the offense, the penalties are harsh and long-lasting. A person convicted of a child pornography offense may be sentenced to prison, be forced to pay high-cost fines, and become a registered sex offender for the remainder of their life.

Each accusation of child pornography possession should be taken seriously and thoroughly investigated. In some cases, a defendant may have had no idea the content existed, nonetheless how it ended up on their device. Yet they may still receive punishment for a crime they did not commit. This is where the help of a defense attorney can come in. An experienced attorney will help review the case details, strategize a defense, and work towards getting the charges lessened or dismissed.

This page will cover recent arrests for child pornography possession in Leon County, along with helpful information regarding child pornography charges in Florida.

Recent LCSO Arrests

The following lists two recent arrests made by Leon County Sheriff’s Office (LCSO) relating to child pornography charges:

• David Rosinsky – LCSO detectives executed a search warrant on May 4, 2023 at 62-year-old David Rosinsky’s house. The warrant came after an extensive investigation took place relating to child sexual abuse material (CSAM).

Police seized several digital devices during the search warrant. A preliminary analysis revealed more CSAM, along with controlled substances in the amount to be considered trafficked.

Rosinsky is currently facing 20 counts of aggravated possession of child pornography, one count of trafficking in Oxycodone, and one count of possession of a controlled substance.

• William Clark – LCSO became alerted by the National Center for Missing and Exploited Children (NCMEC) that CSAM was being uploaded to a person’s data storage. The investigation led police to 63-year-old Clark, a registered sex offender in Leon County.

Clark was arrested on May 4, 2023, and transported to the Leon County Detention Facility. He is facing 40 counts of aggravated possession of child pornography, five counts of possession of animal sexual abuse imagery, and one count of unlawful use of a two-way communication device.

How NCMEC Reports to Police

The National Center for Missing and Exploited Children (NCMEC) is an organization that works with law enforcement to track down and apprehend those who are exploiting children.

NCMEC has an online CyberTipline which receives reports on suspected child sexual exploitation, enticement of children online, child pornography, and other related offenses.

The following lists the process of how NCMEC reports information to police:

1. Report received at CyperTipline – The organization receives reports on suspicions of child exploitation can be made on their website (missingkids.org/cybertipline).
2. Information collection – An NCMEC analyst collects and evaluates the reports and reviews it for any evidence of child exploitation, along with identifying information about the victim or suspect.
3. Triage and prioritization – An NCMEC analyst will determine and assign the urgency level for each situation. Any reports with immediate threats to a child’s safety are immediately forwarded to law enforcement agencies.
4. Collaboration with law enforcement – Relevant information from reports is shared among local, state, and federal law enforcement agencies who specialize in crimes against children.
5. Case dissemination and investigation – Once law enforcement has been contacted, NCMEC will provide them with detailed reports to either initiate or continue investigations of child exploitation. Police then use this information to identify suspects, locate victims, and take the appropriate action.
6. Follow-up and support – Throughout the investigative process, NCMEC continues to provide support as needed, with technical expertise, resources, and access to their extensive database of information related to missing and exploited children.

Levels of Child Pornography Charges

In Florida, a person can be prosecuted for the possession of any image, video, exhibition, data file, or representation of child pornography, as codified under Florida Statute Section 827.071(5)(a).

“Child pornography” is considered any image that depicts a minor in a sexual manner, even if the image has been created, altered, or modified to do so. There are multiple tiers for child pornography possession.

A person caught in the possession of any depiction of child pornography faces a third-degree felony in Florida. However, each individual image, video, or depiction can be separately prosecuted as an additional possession of child pornography offense.

If the defendant is caught with four or more depictions of child pornography, there is a mandatory minimum prison sentence under Florida’s Criminal Punishment Code. Absent grounds for departing below the mandated sentence, a judge is required to sentence a defendant convicted of four or more counts of possession of child pornography to a minimum 12 months in prison plus an additional four months for each additional count.

Aggravated child pornography is codified under Florida Statute Section 775.0847(2) for any defendant who is caught with 10 or more images, videos, or other depictions of child pornography and when at least one of the depictions contains any of the following:

• Minor younger than 5-years-old;
• Sadomasochistic abuse involving a child;
• Sexual battery involving a child;
• Sexual bestiality involving a child; or
• Any movie, regardless of length or audio level, that involves a child.

For sentencing purposes, an aggravated child pornography offense is reclassified to the next degree. This means a third-degree felony would be reclassified to a second-degree felony, and a second-degree felony would be reclassified to a first-degree felony.

The penalties for a first-degree felony include:

• Up to a $10,000 fine
• Up to 30 years in prison
• Up to 30 years of probation

The penalties for a second-degree felony include:

• Up to a $10,000 fine
• Up to 15 years in prison
• Up to 15 years of probation

Unlawful Use of a Two-Way Communication Device

Florida Statute Section 934.215 states that any person who uses a two-way communication device to facilitate or further the commission of any felony offense can be charged with a third-degree felony. This includes any of the following devices:

• Telephone
• Computer
• iPad
• Amateur radios
• Pagers

The penalties for a third-degree felony include:

• Up to a $5,000 fine
• Up to five years in prison
• Up to five years of probation

Finding a Defense Attorney in Tallahassee, Florida

Some of the harshest prosecuted cases are the ones involving child pornography. The State of Florida takes any crimes against children very seriously, and prosecutors tend to advocate for the maximum penalty allowed by law after securing a conviction for a defendant possessing child pornography. This is why finding legal representation is imperative if you have been accused of a child pornography offense.

With today’s age of technology, far too often innocent individuals are being accused of unlawful content on their computer, cell phone, or other online device. Common ways for unlawful content to end up unknowingly on a person’s device includes computer viruses, trojans, or unreliable software. Cases were the State has accused a defendant of possessing child pornography should be taken seriously. It is also important to remember that an arrest does not equate to a conviction.

If you or a loved one are facing criminal charges for child pornography, you should seek out legal help immediately. These are not the types of charges to sit around on—getting ahead of the case and strategizing a defense with an attorney is in your best interest. To speak with one of the experienced child pornography defense attorneys at Pumphrey Law Firm, contact our office today at (850) 681-7777 or leave an online message on our website.  

Written by Karissa Key

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