The “Witch Hunt” of Child Pornography Charges: Understanding Transmission in the Age of the Cloud

By: John Guidry

Every era in human history has its version of a witch hunt. In the late 1600s, colonial Massachusetts put people to death because they “confessed” to being witches. To me, a “witch hunt” is defined by the massive gap between the punishment and the crime. Burning at the stake for being a witch is one example; twenty years in prison for possessing child pornography is another.

Our government would probably sanction burning at the stake for these offenses if they could get away with it. We’re often talking about images where the victims may have long since passed away, yet those images continue to send scores of citizens to prison for decades. It is a steep price for a momentary viewing on the internet. While I’m not talking about predators or those actively photographing children, the simple possession of these images has become the modern-day equivalent of the Salem trials.

Facing possession or transmission charges in Orlando? The “typical script” of a hundred-count indictment is designed to force a plea. Don’t let the cloud convict you. Call John Guidry at (407) 423-1117.

The Legal Breakdown: Transmission and the “Cloud” Trap

In 2025, any discussion of viewing lewd pictures must address how your own technology can create additional, more serious charges. Services like iCloud or Dropbox automatically “sync” your files. But if those files are illegal, are you “transmitting” them? This was the “insane” question at the heart of Biller v. State, 109 So. 3d 1240 (Fla. 5th DCA 2013).

• The Scene: Biller was charged with 15 counts of possession and one count of transmission of child pornography. The State claimed that because Biller had Limewire (an old-school file-sharing service) open on his computer, he was “transmitting” images to anyone who downloaded them.
• The Download: In reality, it was the government that downloaded the images from Biller’s computer. Biller didn’t hit “send”; he just had a folder accessible.
• The Ruling: The Fifth District Court of Appeal looked at the dictionary. “Transmit” means the act of sending. Since Biller didn’t cause the images to go anywhere—the police came and got them—he wasn’t “transmitting” anything. The court overturned that conviction.

Statutory Lenity: The Tie Goes to the Citizen

The Biller case is a victory for a principle called “statutory lenity.” This essentially means that if a criminal law is vague or can be read in two different ways, the court is compelled to read it in the way most favorable to the citizen. It is a rare moment of fairness in an otherwise brutal system.

John’s Takeaways

• The Count Multiplier: It is “sad but true” that the State will often file 100+ counts to rack up “points” on a scoresheet. Even a few images can lead to a mandatory prison sentence.
• Automatic Syncing is a Trap: In 2025, your phone might upload things to the cloud without you even thinking about it. However, under Biller, an automatic “passive” availability is not the same as a willful “transmission.”
• Expert Witness Necessity: Sometimes images of 18-year-old adults are flagged because they “look” young. While we hire experts to prove their legal age, the State often has a backup pile of uncharged photos they can use to fill the gap.
• The Jury Prejudice: Going to trial on these cases is a nightmare. Imagine a jury looking at one image, then another, then another. The emotional impact is exactly what prosecutors rely on to skip over a “failure of proof.”
• Constitutional Challenges: We continue to argue that these statutes are “void for vagueness,” but few judges—much like those in the Salem Witch Trials—have the “gonads” to stand up against the crowd when these charges are involved.

The justice system is harsh, and the stigma of these charges makes it the ultimate modern witch hunt. Whether you are in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you are entitled to a defense that looks past the “blabbing” of the prosecution and focuses on the technical definitions of the law.

I’ve been defending Central Florida residents since 1993. If your technology has put you in the crosshairs of a transmission charge, give me a call. Let’s see if the State can actually prove you “sent” anything.

Facing these charges? Call John at (407) 423-1117.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.