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What are the Charges for the Exploitation of Minors in TN?
The average prison sentence for child pornography offenders is 101 months, with 99% of those accused receiving time. In Tennessee, exploitation of a minor (child pornography) includes the possession, distribution, or production of pornographic images or materials. The penalties for exploiting a minor in Tennessee involve significant jail time, large fines, and mandatory registration on the sex offender registry.
Given the severity of the punishment, it is important that you seek counsel immediately if facing an exploitation of a minor charge. If you are facing charges, our Tennessee exploitation of a minor defense attorney is here to offer you guidance.
Exploitation of a Minor Charges in Tennessee
In accordance with Tennessee law, an individual who is accused of sexual exploitation of a minor may face any of the following charges:
Sexual Exploitation of a Minor
Under Tennessee Code §39-17-1003, it is illegal for a person to knowingly possess material showing a minor engaged in sexual activity. This pertains to both real and computer-generated depictions that are clearly offensive to others. A person found in violation of this law may be charged on separate counts for each image, picture, or other type of depiction.
This offense is a class D felony, punishable by 2-12 years in prison and a fine of $5,000. However, if the individual has more than 50 images in his or her possession, the offense is a class C felony. A class C felony is punishable by 3-15 years in prison and a fine of $10,000. If the individual has more than 100 images in his or her possession, then the offense can be charged as a class B felony. A class B felony carries a prison sentence of 8-30 years in prison and a fine of $25,000.
If convicted, you will be required to register on the sex offender registry. However, you can apply for termination ten years after your sentence or parole is completed.
Aggravated Exploitation of a Minor
It is illegal for a person to promote, sell, distribute, transport, purchase, or exchange sexually offensive material of a minor engaging in sexual activity. This includes both real and computer-generated depictions. Possession with the intent to distribute or sell suggestive material can also be charged as aggravated exploitation of a minor.
This offense is a class C felony, although if there are more than 25 images and/or materials, the charge will be enhanced to a class B felony. If convicted, you will be considered a violent sexual offender and be required to register on the sex offender registry for life.
Especially Aggravated Exploitation of a Minor
It is against the law for a person to promote, hire, transport, or assist a minor in participating in pornography, whether it be a real or simulated depiction of the minor. Anyone who violates this law will be charged on separate counts for each photograph, video, or depiction.
Especially aggravated exploitation of a minor is a class B felony. A person who is charged with this offense may also be charged with child trafficking and other related charges. Lifetime registration on the sex offender registry is required.
Contact our TN Exploitation of a Minor Attorney Immediately
At The Law Offices of Joshua T. Crain, we believe that you are innocent until proven guilty. If you have been charged with exploitation of a minor, you need a Tennessee sex crimes attorney who has experience defending such charges. To schedule your initial consultation, contact us online or by calling (615) 619-1783.