Tennessee Criminal Lawyer Blog

Tennessee computer sex crimes generally fall within two categories: solicitation and sexual exploitation. Though these crimes existed prior to the popularization of the Internet, their prevalence has skyrocketed since.

T.C.A. § 39-13-528 defines solicitation of a minor as the intentional commanding or inviting of a minor, by means of oral, written or electronic communication, electronic mail or Internet services, to engage in sexual activity with a person over the age of 18. It applies when an adult knows or reasonably should know that the person they are soliciting is under the age of 18. It is not required, however, that the person they are soliciting is actually under the age of 18. This is often the case when an individual attempts to solicit a law enforcement officer who is posing as a minor. Most cases of solicitation are felonies, with the classification being one level below the actual offense solicited. For instance, rape of a child is a Class A felony, so solicitation of that crime would be a Class B felony.

T.C.A. § 39-17-1003 defines sexual exploitation as the knowing possession of material that includes a minor engaging in sexual activity or simulated sexual activity. These materials are what are commonly referred to as child pornography. Sexual exploitation becomes a computer sex crime in Tennessee when the pornographic materials are stored on an individual’s computer. An individual may be charged with a separate count of exploitation for every piece of pornography they possess, including individual images. Though sexual exploitation of a minor is a class D felony, an individual possessing more than 50 individual pieces of pornography will be charged with a Class C felony. If the number of individual pieces exceeds 100, the offense is a Class B felony. Aggravated sexual exploitation, a Class C felony, is charged against those who distribute child pornography. This often includes distribution over the Internet. Especially aggravated sexual exploitation, a Class B felony, is charged against those who are involved in the production of child pornography.

Each Tennessee criminal defense attorney at Baker Associates understands the intense emotions surrounding sex crimes like; statutory rape, sexual battery, sexual assault, and other serious charges. If you have been charged with statutory rape or any other sex crime, contact the Tennessee law offices of Baker Associates for an important consultation.