Sexual Exploitation of Children

Sexual Exploitation of Children Charges

Definition

Sexual exploitation of children is characterized and defined by Federal Law as:

The sexual exploitation of children that relates to the production of child pornography. Any person who makes the slightest effort to persuade or involve a minor into the production of child pornography is guilty of committing an unlawful act under federal standards.

Requirements for Conviction

If a person is accused of knowingly possessing child pornography that has been mailed, moved in interstate or foreign commerce, there are several requirements for conviction.  The government must prove each of these elements beyond a reasonable doubt:

1. that defendant employs, uses, persuades, induces, entices, or coerces a minor to engage in any sexually explicit conduct for the purpose of producing any visual depiction of the conduct, or transmitting a live visual depiction of the conduct
2. the defendant produces or causes to be produced a visual depiction of a minor engaged in any sexually explicit conduct where the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct, and the visual depiction is of the conduct
3. the defendant transmits or causes to be transmitted a live visual depiction of a minor engaged in any sexually explicit conduct
4. the defendant has a minor assist any other person to engage in any sexually explicit conduct during the commission of an offense set forth in paragraphs (1) through (3) of this subsection; and
5. the defendant transports any minor, affecting interstate or foreign commerce, with the intent that the minor be used in the production or live transmission of a visual depiction of a minor engaged in any sexually explicit conduct.

Penalties

Any person who violates, or attempts or conspires to violate this section will be fined and imprisoned not less than 15 years nor more than 30 years.

Penalties for a person with one prior conviction under this chapter, chapter, 71, 109A, or 117, or have convictions related to aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor, child sex trafficking, or child pornography will be fined under this title and imprisoned for not less than 25 years nor more than 50 years.

Penalties for a person with two or more prior convictions under this chapter, or any of the chapters or charges listed above, shall be fined under this title and imprisoned not less than 35 years nor more than life.

Further Facts & Considerations

Sexual exploitation of a child is a serious offense that carries heavy penalties, and a person may be convicted even if they claim they did not know the age of the alleged victim.  

According to a decision in United States v. Hunter, 2016, the First Circuit Court of Appeals cited a section in the House Conference Report which provided that “it is not a necessary element that the defendant knew the age of the child,” and would therefore still be subject to punishment under federal law.

Defending Against Sexual Exploitation of Children Indictments

With such severe consequences upon conviction, we do everything we can to help our clients fight to avoid or mitigate the consequences of such a charge.  We offer personalized and sophisticated representation to tailor a defense to your case.  We review every document and conduct thorough investigations to exploit any weakness in the government’s case.  

If you or a family member are facing charges related to federal sexual exploitation of a child charges, we can help.  Call us today at 781-797-0555 for a free telephone consultation.