Sexual Exploitation of a Minor results in serious prison time, a felony conviction, and registration as a Violent Sexual Offender
Sexual Exploitation of a Minor is when a person eighteen years or older possesses material of a minor engaged in real or simulated sexual activity that is patently offensive. This offense could occur when a person possesses child pornography on their phone, tablet, or computer. Each individual photo could result in a separate count for this offense.
The prosecution is not required to prove the actual identity or age of the minor for this offense – they could merely present photos to the jury, and the jury could decide that the person depicted is a minor.
The charge can result in a felony conviction, Community Supervision for life, and being placed on the Sex Offender Registry for life as a Violent Sex Offender. If you have been charged with Sexual Exploitation of a Minor, please contact me immediately to discuss how we can defend your reputation and your freedom.
Tenn. Code Ann. 39-17-1003. Offense of sexual exploitation of a minor.
(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).
(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the material, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d) A violation of this section is a Class D felony; however, if the number of individual images, materials, or combination of images and materials, that are possessed is more than fifty (50), then the offense shall be a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred (100), the offense shall be a Class B felony.
(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
(f) It shall not be a defense to a violation of this section that a minor victim of the offense consented to the conduct that constituted the offense.
Tenn. Code Ann. 39-17-1005. Offense of especially aggravated sexual exploitation of a minor
(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.
(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115, or the enhancement of sentence under § 40-35-114.
(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
(f) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.
(g) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense.
