Understanding The Basics of Sexual Exploitation of a Minor

When an adult takes advantage of a minor’s innocence, they can be held criminally liable for sexual exploitation of a minor. A Nashville sex offense lawyer will tell you that the punishment for such acts will range from Class C to Class B felony. Sexual exploitation of a minor takes place when a person who is more than the legal age engages in sexual contact of a person under the legal age for sex.

Sexual exploitation of a minor is defined as the use of a child for the purpose of pornography. Under the law, an individual is guilty of the act if the following elements are satisfied: 1) the person knowingly produces, possesses, or possesses with intent to distribute child pornography; 2) intentionally distributes or views child pornography; 3) if the defendant is the minor’s parent or legal guardian, they knowingly consents to or allows the minor to be sexually exploited.

Sexual exploitation of a minor carries with it a severe punishment. For instance, if the minor is below 14 years old, the adult is committing a Dangerous Crimes Against Children or DCAC. For a first offense, the punishment may include a minimum of 10 years up to 24 years in prison and presumptive 17 years. If the individual has a prior conviction of a predicate felony, the sentence could go up to a minimum of 21 years, presumptive of 28 years, and a maximum prison sentence of 35 years.

Once you are convicted of sexual exploitation of a minor, you will be required to register as a Sex Offender for the rest of your life. In addition, you will not be allowed to have any contact with any person below 18 years of age including your children. You will need to undergo a series of tests and must seek the consent of your Probation Officer. For this reason, sexual exploitation of a minor are referred to as “life-enders.”

If the minor is aged 15 – 17 years old, they are not sentenced based on the DCAC statute. A first time offender will be charged with a Class 2 felony and may be subjected to probation with zero to 1 year imprisonment. If the adult has a previous conviction, the jail term becomes 4 ½ years to 23.25 years. For two previous convictions, the jail term becomes 10.5 to 35 years.