Legal Question in Criminal Law in Florida

Well, I will some this up as best I can...My boyfriend of 5 years was viewing images from some galleries he downloaded on Kik, (which I understand has been under the radar for a while due to children posting images, lying about their age, prostitution/trafficking, etc.) Despite the fact he wasn't supposed to be on those types of sites and apps anyway, he was, as far back as a year or so ago. Up until three days ago when FBI, Sheriff Department and others showed up, I had never had any sliver of thought he is "one of those guys". They seized all our electronics, and when they came to the door initially, it was as my boyfriend was returning from the hospital doped up on Dilodin due to a migraine, wearing a wristband and holding 3 prescriptions, which I now understand they should not have spoken to him while under the influence. Unfortunately, he spoke to the police without understanding his right to remain silent because he has never been arrested in his 42 years for anything. We have resided together our entire relationship, and my daughter is now 8 (obviously DCF is also involved). He now has a lawyer, but I'm seeking help for peace of mind and answers. He admitted he clicked on blurry photo galleries of contacts he found on google, assuming he was downloading adult content, and was unable to view the images until they were downloaded. Here is what he did not do: Take ANY photos, SHARE any photos, RECEIVE or SEND any content to other users, CHAT, or SEND any messages. When he downloaded these galleries, the images finally appeared, and he discovered some "questionably aged women" who did not have any age listed anywhere for him to see. He immediately deleted them and never viewed ANY images more than once. Also, he did not specify any location EVER, indicating that he would possibly consider meeting up with somebody.This has been going on for a while but he said he may have had a total of around 100 photos from a few galleries over this past year, and there were maybe 4 or 5 images traced via his IP address that we now understand were obviously not of age. There is NO WAY he did this intentionally, and I just want to gain more information that could help us. Understandably, he thought he was cooperating with the investigators by "talking" to them. This has taken place in Florida, and he was not arrested or charged at this time. Thank you for ANY additional information you can give me so we can move on with our lives. -Kris S.


Asked on 10/04/15, 7:57 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

It would be very hard to answer what information to give you. You are really caught in the middle, and when you are in that position and not only your life, but your children, and husband's life are involved, you need your own personal representation. Your husband has an attorney who is looking out for his interests. You need an attorney to look out for yours.

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Answered on 10/12/15, 12:32 pm


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