What Actions Can Lead to Child Pornography Charges in Tennessee?

 Posted on January 07, 2021 in Criminal Defense

Being charged with any type of crime should not be taken lightly. Depending on the severity of the offense, the penalties can range from costly fines to significant jail time. Sex crimes, especially those committed against children, often carry harsher punishments if convicted. In Tennessee, these offenses can include child abuse, sexual assault, and child pornography. For anyone facing charges for this type of offense, it is important to seek skilled legal representation. Besides demonstrating that the alleged offenses did not occur, it may be possible to defend against these charges by demonstrating a lack of intent, meaning the person who was allegedly in possession of child pornography did not know the materials involved a minor. An experienced criminal defense attorney can carefully review the circumstances of the case and make sure a defendant’s rights are protected throughout the proceedings.  

What Is Child Pornography?

Pornography is defined as the explicit description or display of sexual subject matter for the purpose of sexual arousal. Child pornography includes any pornographic material in which children are exploited for sexual stimulation. It may involve the direct sexual assault of a child, or images or sexual acts may be simulated. Child pornography may be viewed through different mediums, including books, magazines, photographs, drawings, paintings, animation, audio recordings, and videos. It may be created for profit or for other reasons.  

Child pornography is the depiction of offensive sexual activity involving a minor such as:

• Intercourse (vaginal, anal, or oral)

• Masturbation

• Offensive physical contact of breasts, genitals, or buttocks

• Sadomasochism

• Offensive depictions of bodily excretions

• Exploitation of breasts, genitals, anuses, or buttocks

Tennessee Penalties for Child Pornography

Under Tennessee law, the age of the victim does not significantly impact child pornography charges. However, anyone under the age of 18 is considered a minor or a child. It is important to note that the prosecution does not have to prove the age of the child in any pornographic material, and material that appears to depict a child under 18 in a sexual manner may warrant child pornography charges. In Tennessee, the lowest level of child pornography possession is charged as a Class D felony. However, if there are more than 50 images or films, then it is considered a Class C felony, and if there are over 100 images or films, it is charged as a Class B felony.

Contact a Knox County Child Pornography Defense Lawyer

Child pornography charges in Tennessee should be taken seriously, since they can result in a lengthy jail sentence if a person is found guilty. That is why you will want to be sure to take steps to protect your rights and avoid a conviction and a criminal record. A qualified and reputable Knoxville, TN criminal defense attorney can help you build a strong defense strategy against these serious charges. Jeffrey Coller, Knoxville Criminal Defense Attorney, provides comprehensive representation in court so that his clients receive quality legal assistance. To schedule a free consultation, call us today at 865-281-1000.

Source:

https://www.tn.gov/dcs/program-areas/child-safety/reporting/faqs.html