Atlanta Sexual Exploitation of Children Defense Attorney
Have You Been Charged with Sexual Exploitation of Children?
The crime of sexual exploitation of children covers a broad range of behaviors, including the production, distribution and possession of child pornography. This is a very serious charge and a conviction could bring a lengthy prison sentence, a hefty fine, and mandatory registration as a sex offender. In addition to the legal consequences, being labeled a child sex offender often means being shunned by friends, family, and the community at large.
While child predators rightly face harsh legal and social consequences, it is important to remember that just because someone is accused of a crime, it does not make them guilty. Every person is assumed innocent until proven guilty and should be given the opportunity to present their side of the story. Kimberly Berry is an Atlanta attorney specializing in sex crimes cases. She has defended many clients who have been wrongfully accused of serious crimes. She will listen to your story with an open mind and assess the evidence against you. If you have been falsely accused of sexual exploitation of children, contact the Berry Law Group for assistance in clearing your name.
Definition of Sexual Exploitation of Children
Under Georgia law (O.C.G.A. 16-12-100), it is possible to commit the crime of sexual exploitation of children by committing several different types of acts. These include:
Production of Child Pornography
It is against the law to knowingly “employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such content.”
The term “producing” can refer to “producing, directing, manufacturing, issuing, or publishing” such material. The term “visual medium” is defined as “any film, photograph, negative, slide, magazine, or other visual medium.”
It is also illegal to knowingly “employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance.”
The term “performance” is defined as “any play, dance, or exhibit to be shown to or viewed by an audience.”
Furthermore, it is against the law for “any parent, legal guardian, or person having custody or control of a minor” to knowingly permit that minor to engage in child pornography.
Advertising, Selling, or Purchasing Child Pornography
It is against the law to knowingly “create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.”
It is also a crime to knowingly “advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased.”
Bringing Child Pornography into Georgia
It is a crime to “bring or cause to be brought” into the state of Georgia “any material which depicts a minor of a portion of a minor's body engaged in any sexually explicit conduct.”
Possession of Child Pornography
You can be charged with sexual exploitation of a child if you knowingly “possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.”
The statute defines a “minor” as anyone under the age of 18 years. The broad term of “sexually explicit conduct” is defined as “actual or stimulated:
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal;
Bestiality;
Masturbation;
Lewd exhibition of the genitals or pubic area;
Flagellation or torture by or upon a person who is nude;
Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;
Defecation of urination for the purpose of sexual stimulation of the viewer; or
Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.”
Mandatory Duty to Report
Even if you have no involvement in the production, distribution, or consumption of child pornography, you can still face legal consequences if you come across such material and fail to report it. Georgia has a mandatory duty to report when it comes to child pornography. For example, if you are a film processor who is given pornographic images of children to develop, it is your duty to contact law enforcement officials.
Specifically, the statute states that any person who, “in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct” must immediately report that material to the Georgia Bureau of Investigation or their local law enforcement agency.
While the crime of sexual exploitation is a felony, failing to report child pornography is considered a misdemeanor.Punishments for Sexual Exploitation of Children
A conviction for sexual exploitation of children is considered a felony and carries with it a prison sentence of five to twenty years and a fine of up to $100,000. However, if the crime was committed by a member of the immediate family of the victim, no fine will be imposed.
In addition to prison time and a fine, the law calls for the forfeiture of property related to the crime. A person convicted of sexual exploitation of children may have to hand over certain property to the state of Georgia, including:Any material or equipment used, or intended for use, in producing, reproducing, transporting, shipping, or receiving child pornography;
Any child pornography produced, transported, shipped, or received; or
Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section;
However, no property must be forfeited if the owner “by reason of an act or omission established by such owner” was used for a crime “without knowledge or consent of such owner.”
What the Berry Law Group Can Do For You
The penalties for sexual exploitation of children are heavy and life changing. However, an accusation does not automatically lead to a conviction. Even a supposedly clear-cut case – for example, one in which illegal materials are found on someone's hard drive – is not always cut and dried. If a person has child pornography on their computer, it may be because they sought out and downloaded such material. On the other hand, it may be that a friend or family member used their computer to commit these crimes without their knowledge. It is also possible that malicious hacking or viruses caused the materials to show up on the computer's hard drive or in a web browser's history.
An experienced attorney, backed by a firm with the resources to conduct forensic investigations, is well placed to root out any exculpatory evidence. Furthermore, an attorney focused primarily on sex crimes has the expertise necessary to navigate this difficult area of law. Kimberly is an aggressive attorney with years of experience dealing with prosecutors and advocating for her clients in court. She has a passion for defending the innocent and getting justice for all those involved. Contact the Berry Law Group as soon as possible so Kimberly can begin working for you.