How Does the Crime of Child Exploitation Relate to Child Pornography Charges?

The felony offense of child exploitation is a crime that involves child pornography, and the same statute that outlines the offense of child exploitation in its various forms also includes the separate offense of possession of child pornography. Any charges involving child exploitation or the possession of child pornography under Section 35-42-4-4 of the Indiana Code are felony offenses, and the consequences of a conviction are extremely serious. Our Indianapolis criminal defense lawyers can clarify how child exploitation charges involve child pornography, and we can speak with you today about building a defense based on the details of your arrest.

Defining Child Exploitation Under Indiana Law 

The criminal offense of child exploitation is typically charged as either a Level 5 felony or a Level 4 felony depending on the specific circumstances. This is an offense that Indiana Code Section 35-42-4-4 details as one or more of the following:

• Knowingly or intentionally managing, producing, sponsoring, presenting, or exhibiting photographs, films, videotapes, or creating a digitized image of any performance or incident that is understood to be child pornography;
• Knowingly or intentionally disseminating, exhibiting to another person, offering to disseminate or exhibit to another person, or sending or bringing into Indiana for dissemination or exhibition anything that is understood to be child pornography;
• Knowingly or intentionally making a computer available to another person, knowing that the computer’s fixed drive or peripheral dive contains matter understood to be child pornography; or
• Knowingly or intentionally producing, disseminating, or possessing with the intent to disseminate any image that is understood to be child pornography.

Child pornography is generally understood in the Indiana Code to include a wide range of images of a child under the age of 18 or who appears to be under the age of 18 that is obscene, shows child nudity, or involves actual or simulated sexual conduct. In short, the offense of child exploitation can involve a range of acts that involve child pornography other than the offense of “simple” possession of child pornography.

Possession of Child Pornography 

The same statute defines the offense of possession of child pornography as an offense separate from child exploitation. According to Indiana Code Section 35-42-4-4, possession of child pornography is a Level 6 felony offense when a person knowingly or intentionally possesses or accesses an image that depicts or describes actual or simulated sexual conduct by a child under the age of 18 or who appears to be under 18, with intent to view the image.

Aggravating factors can increase this offense to a more serious felony, which is also true for child exploitation charges.

Contact an Indianapolis Criminal Defense Attorney Today 

If you are facing any charges related to child exploitation or the possession of child pornography, the consequences of a conviction are likely to be severe. Not only will you face a felony sentence, but you will also be required to register on the sex offender registry, which can have consequences on your work, life, and general well-being for years after you have completed the terms of your sentence. One of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can discuss your case and defense strategies with you today. Contact us to begin working on your defense.

Source: 

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