What is Child Pornography?
Most child pornography charges in Utah stem from viewing it on computers and mobile devices. Law enforcement tracks all such activity.
For those Salt Lake City residents facing child pornography charges, special problems exist because of the overlap of federal and state law. A person charged with child pornography could be charged under both state and federal law prohibiting possession and distribution of the prohibited items. Because a person could face both federal and state criminal charges, it is important for anyone charged with child pornography charges to immediately contact a Salt Lake City criminal defense lawyer. A lawyer will help those facing such serious charges to understand their rights and how to proceed in the case.
Child pornography means any visual depiction where the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; the visual depiction is of a minor engaging in sexually explicit conduct; or the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. A minor is anyone under the age of 18 years old.
Sexually explicit conduct means actual or simulated conduct such as sexual intercourse; masturbation; bestiality; sadistic or masochistic activities; lascivious exhibition of a child’s private regions; depiction of nudity for the purpose of causing sexual arousal; fondling or touching of genitals, pubic region, buttocks, or female breasts; or the explicit representation of defecating or urinating.
Sexual Exploitation of a Minor
If a person knowingly produces, possesses, intends to distribute, distributes, or views child pornography, he or she can be convicted of sexual exploitation of a minor. A person can also be convicted of it if the person is a minor’s parent or legal guardian and knowingly consents or permits the minor to be sexually exploited. A person can be charged for a separate offense of sexual exploitation of a minor for each minor depicted in the child pornography and for each time the same minor is depicted in different child pornography. Sexual exploitation of a minor is a second degree felony and can carry a sentence of up to 15 years in prison under state law for each conviction. A conviction also requires life registration on Utah’s sex offender registry.
Child Pornography Defense Attorney
A person could easily be charged with hundreds of counts of sexual exploitation of a minor by both a state and federal prosecutor. There is an affirmative defense to child pornography charges so it is very important for any person facing such charges to speak with a Salt Lake City criminal defense attorney. A defense attorney will be able to speak to a person facing charges about defenses and the criminal process. Contact an attorney today by calling 801.618.1333.
