What Charges Can Someone Face for Child Pornography in TN?
Child pornography charges are especially serious charges that carry very harsh penalties and life-altering social consequences, including required registration as a sex offender. If you’re in the difficult position of facing a child pornography charge, you shouldn’t wait to reach out to the legal counsel of an experienced Nashville criminal defense attorney.
Child Pornography Laws in the State of Tennessee
Most child pornography charges in Tennessee are felonies that are governed by the Tennessee Protection of Children against Sexual Exploitation Act of 1990, which reflects the federal Act of the same name. This act prohibits anyone from knowingly being in possession of a picture, drawing, film, photograph, or any other material that includes a minor who is engaged in a sexual activity or simulated sexual activity. Sexual activity in this context is comprehensive, and minor refers to anyone under the age of 18. Proving that the person depicted is actually under the age of 18, however, isn’t necessary to secure a conviction – looking like a minor suffices.
Sexual Exploitation of a Minor
The charge of sexual exploitation of a minor refers to possession of child pornography, and a conviction carries from 2 to 12 years in prison and fines of up to $5,000. When the charge, however, involves 50 or more images that fit the child pornography definition, the penalties increase. In Tennessee, sexting – or sending sexually explicit photos back and forth via smartphone when a minor is involved can be classified as child pornography. When both participants are consenting minors, however, the charge is likely to be an unruly offense.
Aggravated Sexual Exploitation of a Minor
The charge of aggravated sexual exploitation of a minor involves any of the following in relation to child pornography:
- Promotion of
- Sale of
- Distribution of
- Transport of
- Purchase of
- Exchange of
Possession with intent to do any of the above also qualifies. A conviction carries 3 to 15 years in prison and fines of up to $10,000. When there are more than 25 materials involved, the sentence is enhanced.
Especially Aggravated Sexual Exploitation of a Minor
Especially aggravated sexual exploitation of a minor is Tennessee’s most serious child pornography offense, and it’s generally reserved for those who produce or create child pornography. Under Tennessee law, all the following are prohibited in relation to the creation of pornographic materials that involve minors:
- Promoting the material
- Transporting the children or the production equipment
- Employing those who work in the production
- Assisting in the production
- Allowing a minor to participate in the production
A conviction carries from 8 to 30 years in prison and fines of up to $25,000. It’s important to note that anyone convicted of any Tennessee child pornography offense is required to register as a sexual offender.
Consult with an Experienced Nashville Criminal Defense Attorney Today
Andrew Beasley at Andrew C. Beasley, PLLC, in Nashville, is a trusted criminal defense attorney who appreciates the seriousness of the charge you face and is committed to employing the full force of his imposing experience in focused pursuit of your case’s best possible resolution. Learn more by contacting us online or calling us at 615-620-5803 today.