Tennessee Criminal Lawyer Blog

If you have been charged with sexual exploitation of a minor, or any other sex crime, contact a Tennessee criminal defense attorney. Our criminal defense lawyers handle sex crime cases throughout East Tennessee including Knoxville, Johnson City, Newport, Maryville, Loudon, Sevierville, Kingsport, Morristown, Bristol, Chattanooga, and Madisonville.

The internet can be used for an unlimited number of purposes, including crime. Although allegations of sexual exploitation of a minor are typically brought in connection with a computer, a computer is not necessary to bring this type of charge. There are actually three offenses relating to the sexual exploitation of a minor under Tennessee law: sexual exploitation of a minor, aggravated sexual exploitation of a minor, and especially aggravated sexual exploitation of a minor.

Under Tennessee law, it is unlawful for any person to knowingly possess material that includes a minor engaged in:

• Sexual activity; or

• Simulated sexual activity that is patently offensive. Tenn. Code Ann. § 39-17-1003 (2007).

It is important to define what constitutes sexual activity under the statute. "Sexual activity" means any of the following acts:

• Vaginal, anal or oral intercourse, whether done with another person or an animal;

• Masturbation, whether done alone or with another human or an animal;

• Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;

• Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;

• The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;

• Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or

• Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person. Tenn. Code Ann. § 39-17-1002 (8)(2007).

It is important to realize that a person possessing material that violates the sexual exploitation of a minor statute may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. This means that if you have fifty prohibited images in your possession, you could be charged up to fifty times.

The trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the prohibited material.

The trier of fact may also consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether the material or image otherwise represents or depicts that a participant is a minor.

A violation of the sexual exploitation of a minor statute is a Class D felony. If the number of individual images, materials, or combination of images and materials that are possessed is more than fifty, then the offense shall be elevated to a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred, the offense shall be a Class B felony. The consequences of any sex crime conviction are serious. If convicted, you can expect serious jail time, fines, registration as a sex offender, and public embarrassment. Contact a sex crime attorney immediately if you are charged with sexual exploitation of a minor.