Aggravated Sexual Exploitation – Producing and Distributing Child Pornography
Sexual exploitation of a minor – the simple possession or viewing of child sexual abuse material (CSAM) aka child pornography – is a second degree felony in Utah and carries a penalty of 1-15 years in the Utah State Prison. There are a few ways that a child porn charge can become an aggravated sexual exploitation charge, increase to a first degree felony, and carry a 5 years to life sentence in prison:
- When an individual intentionally distributes CSAM;
- When an individual knowingly produces CSAM;
- Any parent who knowingly allows or permits his child to be sexually exploited through the distribution or production of CSAM;
Typically, these charges are brought under the following scenario: an individual belongs to a group on WhatsApp or downloads a file sharing peer-to-peer network. The settings on the WhatsApp group and the peer–to-peer network allows for the storage of files on the individual’s computer and third parties are able to download the files from the individual’s computer. Thus, if the individual is knowingly storing CSAM on his computer and allows for third parties on the group or network to access his computer, he can be charged with distributing child sexual abuse material.
Most cases in Utah do not involve the knowing production of child pornography nor a parent’s permitting their kids to be involved in CSAM, but it happens. The more involved an individual is in the production or distribution of child pornography, the harsher the sentences typically.
Every image or video in which a minor is depicted in sexually explicit conduct is a separate offense. Thus, if an individual distributes 50 images/videos on his WhatsApp group he can be facing 50 five years to life sentences. On top of the stiff incarceration penalties, anyone convicted of aggravated sexual exploitation of a minor will have to register as a sex offender for life.
Experienced Defense Attorneys Against Aggravated Sexual Exploitation Charges
Defendant against aggravated sexual exploitation of minor charges requires a level of experience that most attorneys in Utah simply don’t have. When it comes to defending against charges for distributing and producing child pornography, the defense attorneys at Salcido Law Firm are some of the most experienced in the state. Give us a call at 801-413-1753 to talk to us over the phone for free about your charges.