Each year, a number of individuals face child pornography and sexual exploitation of children charges in federal courts throughout the United States. In a number of situations, individuals have either been arrested or subject to search warrants by law enforcement. Fortunately, a talented attorney like Henry Fasoldt is often able to obtain desirable results for individuals who are faced with these difficult situations.
One of the essential elements about defining the sexual exploitation of children is determining exactly what is meant by child pornography. In accordance with federal law, child pornography is any “visual depiction” of a minor engaging in “sexually explicit conduct”. A visual depiction can include any digital image, picture, or video. The term minor refers to anyone under eighteen years old. “Sexually explicit conduct’ includes a variety of sexual activity including intercourse, masturbation, and displays of one’s genitals or pubic area. Many charges involving these types of offenses are particularly severe in nature.
The sexual exploitation of children is a specific federal crime that relates to the production of child pornography. Any individual who makes at least an effort to involve or persuade a minor into the production of making child pornography is guilty of committing an unlawful act under federal standards. Even if all of the conduct involved in the sexual exploitation of a child occurred outside of the United States, an individual can still be prosecuted for producing child pornography. In order to prosecute an individual who is accused of producing child pornography in a foreign country, the government merely must prove that the individual intended to either send or make available child pornography to individuals in the United States.
Although defending someone charged with sexual exploitation can be particularly difficult, attorney Fasoldt can prove particularly helpful. One of the most common types of defenses to these charges is that individuals depicted in the material are not actually minors. Another potential defense is arguing that images depicted in sexually explicit material do not actually show conduct of a sexually explicit nature. Often a strong computer forensic expert can help determine if the government has properly conducted a search of the individual’s computer to determine that an individual was not intentionally searching for child pornography and therefore did commit a sexual exploitation charge.
The penalties for sexual exploitation under federal law are particularly severe. Individuals can expect to face a minimum sentence of fifteen years up to a maximum of thirty years.. The exact punishments faced by individuals, however, depend on a variety of factors and the calculation of the advisory federal sentencing guidelines. In many cases, federal sentencing depends upon the number of images or videos that the person distributed or possessed, the ages of the minor depicted in the imagery or videos, and the type of sexual conduct that was depicted. Repeat offenders can also expect to face more severe penalties.
Being charged with federal crimes like the sexual exploitation of children is a very serious federal offense that requires strong legal representation. Our law firm has decades of experience. Attorney Henry Fasoldt knows how to represent individuals across the United States who are charged with the exploitation of children and knows how to raise strong defenses for individuals who are charged with these types of crimes. If you or someone you know is currently facing charges of sexual exploitation, consider contacting attorney Fasoldt today by visiting his online site or calling (617) 338-0009 to obtain the help that you need.