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Child Pornography Laws in TN

child-porn-pageIn the United States, child pornography is illegal in every sense, both strict and loose. Tennessee is no exception. State legislation regarding child pornography is essentially divided into two categories: sexual exploitation of a minor, and aggravated sexual exploitation of a minor.

Sexual Exploitation of a Minor

This type of offenses is considered a Class D felony. State legislation maintains that material involving an underage person (younger than eighteen years of age) qualifies as child pornography if it includes the following:

  1. Any form of sexual or erotic activity.
  2. Any form of “simulated” sexual activity that could be considered provocative.

Furthermore, there are various types of media that can qualify as child pornography – it doesn’t just have to be pictures or videos. It can also be drawings, images of any kind, cassettes, and any other form of “pictorial representation.” When a person is charged with crime related to child pornography possession, each material found in his or her possession will be considered a distinct count viable for sentencing. If the amount exceeds fifty, individual charges will be combined into one count and be considered a Class C felony. One hundred or more, and the charge becomes a Class B felony.

Aggravated Sexual Exploitation of a Minor

The difference between this offense and “non-aggravated” sexual exploitation of a minor is primarily related to promotion, distribution, or production. This is a Class C felony, unless the amount of material exceeds twenty-five, in which case it becomes a Class B felony. Child pornography is categorized under identical guidelines to the aforementioned crime (media involving underage persons engaging in sexual activity or simulated sexual activity).

The following actions or attempted efforts qualify as aggravated sexual exploitation of a minor:

  • Promotion
  • Distribution
  • Marketing or sale
  • Transportation
  • Purchases
  • Exchanges

Child Pornography Investigation

For either type of child pornography offense, any information about the offender that could be considered relevant may be sought as evidence, including but not limited to:

  • Internet history
  • Age and physical appearance of represented minors
  • Medical history
  • Professional computer forensic intel
  • Age and physical constitution of offender

Tennessee state law does not maintain that the specific age and identities of the underage persons depicted in pornographic materials must be disclosed in order for the charges to be valid. Crimes of this nature will be tried based on both state law, as well as the law of any other state in which offenses were evidenced to have occurred.

Hire Nashville Criminal Attorneys

At Turner Law Offices, P.C., we have years of experience dealing with criminal cases under an enormous variety of circumstances – many of which have been related to child pornography. Whether you’re a victim of sexual exploitation, the legal guardians of a victim, or unjustly accused of committing such an offense, we know the most efficient routes toward pursuing a satisfactory resolution. Call today, or go online to set up your Free Initial Consultation, and meet with a skilled lawyer who is ready and waiting to get you on track toward the justice you deserve.

(615) 259-2660

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