Jalen Kitna arrested on suspicion of possession of child pornography

Untitled designby:Nick de la Torre•11/30/22•

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GAINESVILLE, Fla. — Florida quarterback Jalen Kitna was taken into custody for suspicion of possession of child pornography at 3:20 p.m. Wednesday. A spokesperson with the Gainesville Police Department told Gators Online that Kitna is being charged with two counts of distribution of child exploitation material and three counts of possession of child pornography.

Kitna, 19, is scheduled to make a first appearance Thursday morning at Alachua County Courthouse.

Florida releases a statement

“We are shocked and saddened to hear of the news involving Jalen Kitna. These are extremely serious charges and the University of Florida and the UAA have zero tolerance for such behavior. Jalen has been suspended indefinitely from the football program.” 

The law regarding this case

The law in Florida regarding child pornography states:

“Child pornography” means any image depicting a minor engaged in sexual conduct.
Florida Statute 847.001(3)

A minor is any person under the age of 18. Possessing, distributing, transmitting, and manufacturing child pornography are all illegal in the State of Florida. Conviction of the charge is a third-degree felony covered under Florida Statutes 847.0135, 847.0138, and 827.071.

The federal law is also explicit in his definition of possession of child pornography. Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce.

Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity.  A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive.  Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.

Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A).  Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for the purposes of producing visual depictions of that conduct.  Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.

Kitna at Florida

The son of former NFL quarterback Jon Kitna, Jalen enrolled at Florida in 2020. As a freshman, he didn’t see any playing time in 2021 but served as the backup in 2022. Kitna appeared in four games this past season. He made his collegiate debut vs. Eastern Washington on October 2. He recorded eight completions for 152 yards and a touchdown in that game. Kitna rushed for 6 yards on one attempt at Florida State in the regular season finale. He recorded two completions on two attempts for 29 yards vs. South Carolina.

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