U.S. Supreme CourtU.S. Supreme Court
Published Decisions        The National Trial Lawyers

Law Offices of
William C. Talman
Attorneys at Law
103 Suburban Road, Ste. 301
P.O. Box 506
Knoxville, Tennessee  37901-0506

wctpc.com, wctpc.org, trial-support.com & trial-support.us

Telephone:  865-633-9060
2016 Ten Best Attorneys for Customer Satisfaction               Courtroom
     
 
     



39-17-1005  -  Offense of especially aggravated sexual exploitation of a minor



(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:

(1) Sexual activity; or

(2) Simulated sexual activity that is patently offensive.

(b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.

(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.

(d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115, or the enhancement of sentence under § 40-35-114.

(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.

(f) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.

(g) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense.



Range of Punishment for Felonies & Misdemeanors, T.C.A. § 40-35-111





Disclaimer

While we have made every effort to ensure the information presented on our website is accurate and up to date, it is provided as a courtesy and for informational purposes only.  Laws are frequently modified by the Legislature and/or court precedent, therefore you should refer to the current edition of the Tennessee Code Annotated (T.C.A.) for more information.  If any information contained herein is in disagreement with any statute contained in the T.C.A., then any such information should be disregarded as the T.C.A. is controlling and should be followed.

The information provided herein is not all inclusive and does not cover every situation as each situation or case is different and unique.  No information obtained on our site may be construed to constitute the giving of any legal advice or the formation of any attorney-client relationship.   Persons are encouraged and admonished to seek legal assistance and advice from a licensed attorney of their choosing or from the public defender if indigent.






Contact us by E-Mail


© Copyright 2001-2021 - William C. Talman & Trial-Support
(No copyright claimed as to TCA references or information)