Sexual Exploitation of a Minor Defense in Franklin
Early Defense for Child Pornography Allegations
People facing allegations of sexual exploitation of a minor can be investigated after a search warrant, device seizure, online account inquiry, or request for an interview. Larsen Law PLLC represents people facing these investigations and charges in Franklin, drawing on Eric Larsen’s nearly a decade of criminal defense experience. We can become involved before charges are filed, evaluate the allegations, and begin planning a response.
Eric Larsen’s background in law enforcement and corrections provides practical insight into investigative procedures and how authorities may develop a case. We assess the circumstances, legal issues, and available evidence rather than assuming an allegation accurately reflects who accessed, possessed, or transmitted a file.
If you’re under investigation or facing child pornography charges in Franklin, call (615) 933-2454 for a free consultation before speaking with investigators.
Tennessee Sexual Exploitation of a Minor Charges
Tennessee uses the term sexual exploitation of a minor for conduct commonly described as possession of child pornography. Under Tennessee Code § 39-17-1003, it’s unlawful to knowingly possess material depicting a minor engaged in sexual activity or patently offensive simulated sexual activity.
The state doesn’t have to prove the depicted minor’s identity or age. Prosecutors may also pursue a separate count for each image, making the number and classification of files important issues in the case.
The offense classification depends in part on the alleged conduct and quantity of material:
- Sexual exploitation of a minor: A possession violation is a Class D felony. The classification rises to a Class C felony when the alleged number of images or materials exceeds 50 and to a Class B felony when it exceeds 100.
- Aggravated sexual exploitation of a minor: This offense concerns conduct such as promoting, selling, distributing, transporting, purchasing, or exchanging prohibited material. It also covers possession with intent to engage in that conduct.
- Especially aggravated sexual exploitation of a minor: This charge concerns conduct involving a minor’s participation in the production of sexual material.
- Solicitation of sexual exploitation: Tennessee separately addresses solicitation through oral, written, or electronic communications.
These categories aren’t interchangeable. The alleged activity, number of materials, and prosecution’s theory can affect the charges pursued. Sentencing and other consequences depend on the conviction offense and additional legal factors.
What to Do During a Sexual Exploitation Investigation
Remain silent and contact an attorney before answering questions or agreeing to an interview. Document relevant information, but don’t discuss the investigation with friends, coworkers, or anyone other than your attorney. Statements made outside the attorney-client relationship can become part of the investigation.
Early involvement allows us to examine what investigators are seeking and begin developing a defense before a charging decision. We can also identify and interview available witnesses while their recollections and relevant information remain accessible.
Digital Forensic Evidence
Digital evidence can include data from phones, computers, cloud storage, and online accounts. A forensic review may examine file locations, timestamps, account access, downloads, uploads, and other device information to assess whether particular activity can be attributed to the accused person.
In a prior internet sex crime matter, the allegation involved material uploaded to a phone cloud account. We hired a digital forensic professional to review the evidence, and the charges were dismissed. That result doesn’t predict what will happen in another case, but it shows how independent technical analysis can inform defense preparation when supported by the facts.
State & Federal Charges in Franklin
Sexual exploitation allegations may proceed under Tennessee law, federal law, or both, depending on the alleged conduct and charging decisions. We represent clients facing sex-related charges in Franklin and throughout Williamson County, including child pornography and other federal sex crime charges.
Felony sex crime cases in Williamson County are tried in the Circuit Court of the 21st Judicial District. Its Circuit Criminal division coordinates grand jury matters and indictments. A grand jury indictment is a formal accusation that allows a felony prosecution to proceed, not a finding of guilt.
Federal authorities may become involved when alleged conduct concerns online transmission, cloud services, or other circumstances implicating federal law. For example, a federal indictment in Franklin has included counts involving sexual exploitation of a minor and receipt of visual depictions of minors engaged in sexually explicit conduct. That example doesn’t mean every digital allegation becomes a federal case.
Criminal Penalties & Sex Offender Registration
A sexual exploitation of a minor conviction can involve incarceration, fines, probation, restitution, and community service. The possible consequences depend on the offense classification, number of counts, criminal history, and other case-specific considerations. We examine the proof supporting each alleged count without treating an investigation as a conviction.
Sexual exploitation of a minor also carries registration consequences under Tennessee law. Tennessee classifies registrants in sexual offender or violent sexual offender categories. People in the first category generally report annually, while those in the second generally report quarterly.
People classified in the violent category remain on the registry for life. Lifetime registration also applies to those with two or more registration-triggering convictions and those whose victim was under 13. Tennessee law further restricts where registered people may live in relation to schools, daycares, public parks, playgrounds, and recreation centers. The applicable classification and restrictions depend on the conviction and statutory criteria.
