Sexual Exploitation of a Child

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The sexual exploitation of a child can encompass several crimes: the possession, manufacture and distribution of child pornography, the online enticement of children for sexual acts, child prostitution and child sexual molestation. 18 USC § 2251 defines sexual exploitation of a child as the following,

“Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct…”

Sexual exploitation of children has always been an issue for law enforcement, but in the twenty-first century this battle has turned to online. In the words of the FBI, “Today, computer telecommunications have become one of the most prevalent techniques used by pedophiles to not only share illegal images of minors, but to also lure child victims into illicit sexual relationships.” Research indicates that one in five girls and one in 10 boys will be sexually victimized before adulthood.

Soliciting Online

According to recent victimization research, approximately one in seven youth online have received a sexual solicitation over the internet. What is sexual exploitation of children? Besides being the physical molestation of a child and the filming and distribution of child pornography, another aspect of sexual exploitation of children is soliciting them online. If someone knowingly invites or entices a minor online and then touches his/her own genitals or another person’s or observes the minor’s genitals sexual exploitation of a child has taken place. In order to be convicted of this crime, the police will have to prove that you knowingly performed or encouraged the child to participate in these criminal acts.

Possessing, Manufacturing or Distributing Child Pornography

Under 18 U.S.C. §2256 child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

• the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
• the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that 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.

Any depictions of kids engaged in sexual conduct could be viewed as pornography. This includes simulated sex, masturbation, bestiality or physical contact with any intimate area. Photographs of a naked child not engaged in a sex act that is not intended to be arousing should not get you into legal trouble, however.

If you have been accused of manufacturing and/or distributing child pornography, you should secure aggressive criminal defense on your side immediately!

California Child Abuse Charges

In California you can be charged with a variety of child abuse related charges, including:

• Lewd and lascivious acts upon a child (California Penal Code 288, 288.5)
• Physical abuse of a child (California Penal Code 273d)
• Abuse or endangerment to a child (California Penal Code 273a (a))
• Statutory rape (California Penal Code 261.5)
• Possession of Child Pornography (California Penal Code 311.11)
• Annoying or molesting a child (California Penal Code 647.6)

If you are convicted of lewd and lascivious acts upon a child, this is a felony offense and you could face anywhere from three to 16 years in prison. You would also be registered as a sex offender and most likely have to receive medical and/or psychological treatment.

If you are convicted of misdemeanor physical abuse of a child, you could face up to one year in county jail. If you are convicted of felony physical abuse of a child your sentence would be anywhere from two to six years in state prison.

If you are convicted of child endangerment, a misdemeanor charge can come with up to one year in county jail and a felony charge can come with two to six years in state prison. Possession of child pornography if charged as a felony is punishable by 16 months to three years in state prison. A misdemeanor charge can result in up to a year in county jail.

Finally, annoying or molesting a child if charged as a misdemeanor can result in up to a year in county jail or if as a felony, up to three years in state prison. If you are a repeat offender you could face up to six years in state prison.

Get Attorney Peter Berlin on your side today!

In these cases, false accusations can be made. There are several defenses that could be available to you from false accusations to false memories to entrapment or mistaken identity. Other defenses include lack of knowledge, lack of exploitation and lack of sufficient evidence.

We will investigate all of the aspects of your case in order to determine which defense is best for you. Our firm is prepared to uphold your rights and fight for your freedom. Any child sex charge is a serious matter as police officers, prosecutors and judges alike do not take these accusations lightly. What are you waiting for? Contact the Law Office of Peter Berlin today for the aggressive criminal defense you deserve on your side!