Federal charges for sex crimes usually requires a federal statute violated by the individual and involving a minor in these crimes will generally increase possible penalties and require the person to face a federal court. These crimes usually involve the child prostitution or pornography creation or distribution of a minor. Read on to learn more.
How Arrest for Sexual Exploitation Works
For the crime of sexual exploitation of a minor to remain valid, the accused usually has some child pornography in his or her home. All arrests are of a grave matter when the individual is exploiting someone under the age of consent.
When the individual has a direct involvement of sexual exploitation of a minor, he or she commits a federal crime that includes production and creation of child pornography. These images or video files happen through the involvement, persuasion or coercion of someone under the age of consent in the state. This is usually a child that is below the age of seventeen or sixteen. Even if these activities occurred outside of the country, this person could still face federal charges.
Sexual Exploitation Of Children
Sexual exploitation with someone under the age of seventeen or sixteen constitutes a serious matter. This has implications of child pornography and could impose multiple charges on the person.
Defenses To Sexual Exploitation Crimes
When facing these charges, the accused will need to provide a viable defense in the courtroom. One defensive strategy that may work as an option is that the individual in the graphic depictions and material is not below the age of majority, even if he or she looks it. Proof is possible through a valid driver’s license or identification paperwork.
If there is no sexually explicit material that could depict those below the age of majority in a sexually explicit nature, then there may exist no actual sexual exploitation of a minor. Without graphic depictions of the minors, the charges may not stick to the accused.
Some cases may require the services of a computer forensic expert to determine if the agents searched the property in adherence to the law. The case usually must also have an intentional search, creation or distribution of child pornography. Through an expert looking through the computer that has these media files on it, the professional may explain to the courts that there was no intentional creation. If there was no intention behind the evidence, the individual may not commit sexual exploitation.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.