Law Offices of Steven E. Fanning P.C.
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Sexual Exploitation of Children
The crime of sexual exploitation of children is a highly prosecuted crime especially in the past decade. There are actually sub-categories with respect to the underlying offense of sexual exploitation of children.

First, the crime of sexual exploitation of children includes the prohibition of employment or enticement of a minor child to engage in sexually explicit activity for the purpose of producing any visual depiction of improper or lewd conduct. Second, the crime requires that the visual depiction actually be transported in interstate commerce or foreign commerce. Transportation means by way of mailing or any other type of physical delivery. Third, the crime includes the prohibition of any territorial jurisdiction of the United States from selling or possessing any visual depiction of a minor child engaged in improper sexual conduct. Last, the crime includes the prohibition of possessing periodicals, films, videotapes, or any other electronic or other visual depiction of a minor child engaging in sexually explicit conduct.

Elements

The elements of the crime of sexual exploitation of children are generally as follows:

  • Any person, parent or guardian, who permits, persuades, entices, or forces a minor child into committing a sexual act for the purpose of producing a visual depiction of the event.
  • The production may be for purpose of sale or not.
  • The transfer of such a visual depiction may be by way of interstate commerce or may be transferred into the United States.

Occurrences

Sexual exploitation of children is a horrible problem, not just within the United States but elsewhere in the world. More occurrences of sexual exploitation of children have been recognized due to the Internet. If an individual publishes a minor child's sexually inappropriate pictures on the Internet they may be subject to additional federal violations.

Penalties

Typically the penalty with respect to a conviction of an offense involving the sexual exploitation of children includes prison time and a fine. Usually, the convicted defendant will be sentenced to a minimum of five years and a maximum of 15 years imprisonment. For subsequent offenses, the convicted defendant may be sentenced to up to 30 years imprisonment. The defendant's name is also placed on a sexual offender list.

Copyright 2007 LexisNexis, a division of Reed Elsevier Inc.


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