How 120 Frames Per Second Can Lead to a 100-Year Prison Sentence in Florida

By: John Guidry

My love affair with video began on August 1, 1981—the day MTV launched. I was hooked instantly. That passion eventually led me to shooting music videos with those massive, shoulder-mounted 1980s cameras and eventually owning my own music video production company right here in Orlando.

Because of that background, I have a unique perspective on the evolution of digital imaging. Back in the day, my expensive professional camera could shoot 30 frames (pictures) per second. Today, any consumer can walk into a store and buy a camera that captures over 120 frames per second. It’s incredible technology, but in the eyes of the law, it’s a trap.

What happens when this explosion in camera technology collides with a Florida law that punishes the possession of child pornography on a per-image basis? It creates a serious constitutional question and a shocking sentencing paradox that can put a person away for life over a few seconds of digital footage.

Facing charges for possession of child pornography in Orlando? These are among the most serious charges in our system, involving complex digital evidence. You need a defense that understands the technology. Call John Guidry today at (407) 423-1117.

The Legal Problem: When Each Picture is a Separate Felony

Florida Statute § 827.071 is one of the harshest hammers in the state’s toolkit. It makes the possession of each single photograph depicting child sexual abuse a separate felony.

• Stacked Sentences: Possession is a third-degree felony, punishable by up to 5 years. However, if you possess multiple images (which is the case in 99% of these arrests), the punishment can jump to 15 years per image.
• The Technology Explosion: As cameras capture more frames per second, a single three-second video clip can be broken down into hundreds of individual frames. Under the current “per-image” scheme, a single act of recording can skyrocket a potential prison sentence into decades or even centuries.

The Constitutional Challenge: Pardue v. State

This isn’t just a theory; it’s the law of the land in Florida. The issue was addressed head-on in Pardue v. State, 2015 Fla. App. LEXIS 13406 (1st DCA Sept. 9, 2015).

• The Facts: Mr. Pardue was convicted of 25 counts of possession. These 25 images were taken in “rapid succession” and appeared nearly identical to the naked eye—much like holding down the “burst” shutter button on an iPhone.
• The “Hash Value” Argument: The State called a detective to testify that each image was technically unique because it had its own digital fingerprint, known as a “hash value.”
• The Double Jeopardy Defense: Pardue’s attorney argued that 25 convictions for what was essentially one continuous act violated the Fifth Amendment’s protection against Double Jeopardy.
• The Ruling: The appellate court rejected the argument. They found that the Florida Legislature was crystal clear in the statute: the possession of “each such photograph” is a separate offense, regardless of how fast the camera was clicking.

The Shocking Sentencing Paradox

This “per-image” sentencing scheme creates a result that is, frankly, insane. We have reached a point where the punishment for possessing images of abuse can be far more severe than the punishment for committing the physical abuse itself.

In the Pardue case, his sentence for the 25 images was more serious than his sentence for the actual sexual battery. This isn’t an isolated issue. In Arizona, a man named Morton Berger—who never molested a child—received a 200-year prison sentence for possessing 20 images. Meanwhile, a 2003 study found that the average prison sentence for actual child molesters across 13 states was less than 8 years.

It is “sad but true” that the harm created by possessing digital files legally outweighs the direct, physical harm done to victims in our current sentencing structure.

John’s Takeaways

• The Law is Literal: Florida law treats every single digital file as a separate felony. If the cops find 20 frames, they can file 20 counts.
• Technology is Not a Defense: Courts have consistently ruled that “rapid succession” images are distinct offenses if they have unique “hash values.”
• Sentencing Paradox: You can face significantly more prison time for a hard drive than a “hands-on” offender faces for an actual battery.
• Digital Forensics is Key: Defending these cases in 2025 requires a deep understanding of metadata and how the State uses digital fingerprints to stack charges.
• High-Stakes Defense: Because these charges carry such massive potential sentences, exploring motions to suppress and sentencing departures is critical to your survival.

I’ve been defending clients against the most serious felony charges in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. The justice system is often harsh and intellectually dishonest about the reality of digital evidence, but I am not. If you are facing these charges, you need a trial lawyer who can navigate these complex tech issues and fight for your future.

Don’t let a “per-image” trap define the rest of your life. Call my office 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.