Nashville Sexual Exploitation of a Minor Attorney

Sexual exploitation of a minor involves promoting, selling, or distributing child pornography for financial gain. If you are found guilty of this offense, you face imprisonment, hefty fines, as well as having to register on the Tennessee sex offender registry.

If you are facing allegations of illicit conduct regarding a minor, the best decision you can make is to contact a Nashville, TN, exploitation of a minor attorney immediately.

Everything You Need to Know About Sexual Exploitation of a Minor Charges in Tennessee

Tennessee law punishes sexual offenders harshly, especially those who have been accused of exploiting minors. According to Tennessee Code §39-17-1003, it is illegal for a person to knowingly possess material that shows a minor engaging in sexual activity or simulated sexual activity that is considered offensive.

An individual found in possession of such erotic material will be charged on separate counts for each representation, including photographs, videos, drawings, or any similar media. In Tennessee, exploitation of a minor is a class D felony, punishable by 2-12 years in jail and a fine of $5,000.

However, if you are found in possession of more than 50 pornographic images, this is a class C felony. This is punishable by 3-15 years in prison and a fine of $10,000. If the number of pornographic images is more than 100, then you will be charged with a class B felony. A class B felony is punishable by 8-30 years in jail and a fine of $25,000.

Defenses to Sexual Exploitation of a Minor

Depending on your case, the following affirmative defenses may be available:

Mistaken Belief of Age

Since exploitation of a minor requires that an individual had knowledge that the victim was a minor, mistaken belief of age may be an available defense.

If you can show that you had reason to believe that the person depicted in the photograph was at least 18 years old, based on either the minor’s appearance or statements, this could lead to your charges being reduced or dismissed. However, you must demonstrate that you made a considerable effort to confirm the person’s age.

Unlawful Search and Seizure

If a police officer found the pornographic material as part of an unlawful search and seizure, this evidence will most likely be discarded. Most searches require that a judge issue a search warrant upon establishing probable cause. While there are situations which can bypass the warrant requirement, if an exigent circumstance does not pertain to your case, the evidence found will likely be inadmissible.

A Nashville, TN, Sexual Exploitation of a Minor Defense Attorney Providing Aggressive Counsel

The charge of exploitation of a minor is serious, although many times, the charge may be unfounded. No matter the stage your case is in, Andrew C. Beasley, PLLC, is prepared to fight for you. To schedule your free case review with our Nashville, TN, exploitation of a minor attorney, contact us today by phone or by using the online contact form.