The federal government prioritizes stopping and prosecuting sex crimes against minors, including the sexual exploitation of children. Sexual exploitation of children is a serious crime, and a conviction for such an offense can result in life-altering repercussions. Although the government has the resources and expertise to build strong cases against people accused of sexual exploitation of children, this does not guarantee that the government will prevail, and in many cases, a person accused of sexual exploitation of children will be able to obtain a favorable verdict. If you have been charged with sexual exploitation of children in violation of federal law, it is critical that you hire an experienced attorney to represent you. The capable Tampa child pornography defense lawyers of Hanlon Law have ample experience defending people charged with heinous crimes, and if you hire us, we will zealously advocate on your behalf. We often represent people charged with federal child pornography offenses and other crimes in Tampa and cities throughout Florida.
Federal Law Regarding Sexual Exploitation of Children18 U.S. C. 2251(a) defines the federal crime of sexual exploitation of children. Specifically, it provides that it is unlawful to exploit or employ children to create sexually explicit products. In other words, people can face criminal charges for making materials depicting children engaging in sexually explicit behaviors, which constitutes child pornography. A person can be convicted of sexual exploitation of children if they persuade, coerce, or entice minors into engaging in sexually explicit conduct, or transport a child with the intent of persuading them to engage in sexually explicit conduct, for the purpose of creating visual depictions of the conduct, like videos, or photographs, and then transmitting the materials across state lines.
While section 2251(a) prevents anyone from sexually exploiting a child, section 2251(b) targets guardians or parents who enable their children to be exploited. In other words, it makes it criminal for a parent or guardian to allow a minor child to participate in sexually explicit activities in order to create photos or recordings that will be distributed beyond state boundaries.
Parties are prohibited from distributing child pornography generated in foreign nations in the United States under Section 2251(c). In other words, a person can face criminal charges if they compel children to participate in sexually explicit conduct in other countries for the purpose of making photos or videos of the conduct with the intent to distribute the materials in the United States if they then distribute the materials in the United States.
Finally, publishing, making, or printing an advertisement or notice seeking or offering to buy, exchange, distribute, receive or reproduce, a visual depiction of a minor engaging in sexually explicit conduct, or seeking the participation of a minor in sexually explicit conduct for the purposes of producing visual materials, is punishable under 2251(d).
Possible Defenses to Sexual Exploitation of Children ChargesDepending on the defendant's criminal past and other criteria, they could face a prison sentence ranging from fifteen years to life in prison if they are convicted of sexual exploitation of children under 2251. As a result, it is critical for anyone accused of sexually exploiting a child to offer compelling defenses. What defenses are viable largely depends on the facts of the case, but some are more typically used than others. If a defendant can show that the individual participating in sexually explicit conduct was an adult, for example, the defendant should be able to avoid a conviction. Similarly, the prosecution may be unable to prove its case if the photographs or videos in question do not reveal sexually explicit behavior.
Consult a Reputable Tampa Criminal Defense AttorneyA conviction for child sexual exploitation has serious ramifications. If you are charged with a federal child pornography offense, you should contact an attorney as soon as possible to discuss your options. The experienced Tampa criminal defense attorneys of Hanlon Law have the knowledge and resources to help you fight your charges, and we will work tirelessly to pursue the best possible outcome in your case. We regularly defend people charged with sex crimes in cities throughout Florida, and we have an office in Tampa, and offices in Clearwater, St. Petersburg, Sarasota, and Bradenton as well. You can reach us by calling us at 813.228.7095 or by using our online form to set up a confidential and free conference.