Child Pornography

Child pornography is a serious public concern, and people accused of child exploitation are aggressively prosecuted by federal and state attorneys in Davidson and Williamson Counties. Often, child pornography cases are investigated thoroughly by several different law enforcement agencies before any charges are filed. If you have been indicted or believe that you are under investigation, it is important to preserve your legal rights. Nashville child pornography lawyer Bernie McEvoy understands that these allegations can be unnerving and works tirelessly to ensure that his clients are afforded a fair chance to present their defense. He also can assist people charged with statutory rape and other alleged sex crimes against minors.

In Tennessee, most child pornography crimes are felony offenses that fall under the Tennessee Protection of Children Against Sexual Exploitation Act of 1990. The offense of sexual exploitation of a minor prohibits any person from knowingly possessing a picture, drawing, photograph, film, or other material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive. The term sexual activity covers many acts, which are identified in the statute. Although a minor is defined as a person under the age of 18, it is significant to note that the prosecution does not need to prove the actual age of the minor to secure a child pornography conviction.

Sexual exploitation of a minor is punishable by two to 12 years in prison and a maximum $5,000 fine, but possession of 50 or more pornographic images will increase the penalties. Sexually explicit photos of minors received through cell phones or emails, sometimes known as sexting, may technically meet the definition of child pornography in Tennessee. Minors participating in consensual sexting are not subject to the consequences of a felony charge under Tennessee’s 2017 law, but they will likely be charged with an unruly offense. A child pornography attorney can advise Nashville families on the consequences that their teenager may face.

Aggravated sexual exploitation of a minor involves the promotion, sale, distribution, transport, purchase, or exchange, or possession with intent to do these things, of material that involves a minor engaged in sexual or offensive simulated sexual activity. The offense is punishable by three to 15 years in prison and a maximum $10,000 fine, although the sentence increases with more than 25 materials.

Especially Aggravated Sexual Exploitation is the most serious Tennessee child pornography offense. It is typically charged against people who create or produce child pornography materials. The law prohibits knowingly promoting, employing, transporting, assisting, or permitting a minor to participate in the performance or production of material that includes the minor engaging in sexual activity or offensive simulated sexual activity. The penalties include a prison sentence of eight to 30 years and a fine of up to $25,000. Since the potential penalties are so severe, you should promptly retain a Nashville child pornography attorney if you may be facing this type of charge.

In addition to the penalties above, a person who is convicted of any Tennessee child pornography offense will need to register as a sexual offender, just like someone convicted of rape or another sex crime. Sex offender registration requires regular contact with law enforcement officials and can negatively affect your employment and housing opportunities. A defendant may also be prosecuted under federal child pornography laws. In view of the severe consequences, securing experienced criminal defense representation can be advantageous. In many cases, a lack of intent is used to defend against child pornography charges. Any relevant evidence can be used to demonstrate that the defendant did not know that he or she possessed child pornography, such as the title or text of the computer file, internet browsing history, or forensic testimony.

Knowledgeable criminal defense attorney Bernie McEvoy has the experience needed to defend complex child pornography cases. If you have been accused of sexual exploitation of a minor in Nashville, Franklin, or elsewhere in Davidson or Williamson County, obtain legal representation as quickly as possible. To request a free consultation, call us at (615) 255-9595 or at (615) 804-8779 after hours and on weekends, or submit our online contact form. Bernie McEvoy also provides dedicated representation to people charged with drug crimes, domestic violence, and other offenses.