Activities Relating to Material Constituting Child Pornography

What is Sexual Exploitation of Children? 

Sexual exploitation of children refers to situations in which a minor is made to participate in the creation of sexually explicit content that constitutes child pornography, materials that advertise child pornography, or materials altered to convince someone that they depict child pornography. 

While this often involves coercion, where the minor is manipulated, threatened, blackmailed, or otherwise forced to participate, it can also involve employment, where a minor is paid for their participation. Sometimes, the minor’s parent or guardian may be the perpetrator, and the minor may comply out of trust in or fear of their caregiver.

What is Child Pornography? 

Child pornography is any content, be it physical (photographs, magazines, books) or digital (image files, videos, GIFs) that depicts a minor in a sexual manner, or is meant to convince the viewer that it depicts a minor in a sexual manner. Depictions can include everything from actual sex acts performed on or by a minor to sexually suggestive posing of a minor. 

Federal Laws Regarding the Sexual Exploitation of Children

18 U.S. C. 2251 is the federal statute that pertains to the sexual exploitation of children. 2251(a) outlines the crime itself as the unlawful exploitation or employment of children to create sexually explicit products. 2251(a) also specifies that transporting a child with the intent of coercing or employing them to engage in the creation of sexually explicit content is similarly unlawful. 

Section 2251(b) goes on to specifically target parents and/or guardians, declaring it illegal for them to enable a child in their care to be exploited. This may include the parent or guardian themselves creating explicit content depicting a child in their care in a sexually explicit manner, or encouraging a child in their care to participate in the creation of such material. Encouragement can include anything from positive reinforcement to punishments or threats if the child does not comply.

On the other hand, this can also include a parent or guardian who simply allows a child in their care to participate in the creation of such material, whether they approve the participation without encouraging the child, or just “look the other way.” 

Section 2251(c) covers the sexual exploitation of children in other countries, making it illegal to coerce or otherwise compel children from other countries to participate in the creation of sexually explicit material with the intent of distributing those materials in the United States. 

The last section of this statute, 2251(d), adds that it is illegal to publish, create, print, or otherwise produce advertisements or notices for sexually explicit content that involves a minor. These publications may seek out such content, or they may offer to buy it, exchange it, distribute it, or reproduce it. Section 2251(d) also extends to publications that are looking for minors to participate in the creation of sexually explicit material. 

Defenses Against Sexual Exploitation of Children

The best defense in any situation depends heavily on the facts of the case, the circumstances in which the defendant was charged, the defendant’s past behavior and convictions (if any), and the evidence presented. 

However, some most common defenses include:

• The individual(s) involved in the sexually explicit content is an adult, not a minor
• The defendant had reasonable cause to believe the content depicted an adult, not a minor
• The content in question is not sexually explicit or sexual in nature

Consequences of Sexual Exploitation of Children

The Federal Government takes crimes against children seriously, especially sex crimes. If convicted of the sexual exploitation of children, the defendant could face prison time from 15 years up to life. Fines, loss of professional licensure, and mandatory sex offender registration may also be on the table. The final sentencing will depend heavily on the circumstances surrounding the crime, as well as the defendant's background and any prior convictions.

That’s why it’s vital to seek legal counsel immediately if you’ve been accused of sexual exploitation of children.

Sexual Exploitation of Children Defense Attorney

No matter the circumstances, if you've been accused of the sexual exploitation of children, Hanlon Law is here to help. Our team of dedicated attorneys in Orlando, Florida, will leverage nearly 20 years of experience in criminal defense to help you build the best possible case. With our knowledge and resources, we’ll help you fight your charges and pursue the best possible ruling. 

Contact us today.

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Sex Offenses

Federal Sex Crimes

• Sex Trafficking of Children
• Sentencing for Federal Child Pornography Crimes
• Activities Relating to Material Constituting Child Pornography
• Sexual Exploitation of Children

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