While the law was created to protect those wronged by others, there are many hurdles that individuals have to overcome before they can obtain justice. For those who are victims of sexual exploitation that road is not troublesome, but with the help of experienced legal professionals that path is achievable.
Note that the information listed below was created and published by Cornell School of Law. Sexual exploitation statues may vary state-to-state, but the information is provided to give a brief overview.
18 U.S. Code § 2251 – Sexual exploitation of children
(a) Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.
(c) (1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that—
(1) Any person who, in a circumstance described in paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering—
(B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct;shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that—
(A) such person knows or has reason to know that such notice or advertisement will be transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mailed; or
(B) such notice or advertisement is transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mailed.(e) Any individual who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned not less than 15 years nor more than 30 years, but if such person has one prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward, or sex trafficking of children, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 25 years nor more than 50 years, but if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life. Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for not less than 30 years or for life.
- Appeal – A review of a case by a higher court for the purpose of obtaining a reversal of judgement.
- Felony – A crime, often involving violence, regarded as more serious than a misdemeanor. Felony crimes are usually punishable by imprisonment more than one year.
- Jurisdiction – The legal authority to hear legal cases and make judgments; the geographical region of authority to enforce justice.
- Incest – The crime of sexual intercourse between two people who are too closely related to be permitted by law to marry.
- Intent – A resolve to perform an act for a specific purpose; a resolution to use a particular means to a specific end.
- Offense – A violation of law or rule, the committing of an illegal act.
- Perpetrator – A person who commits an illegal or criminal act.
- Rape – The crime of unlawful sexual intercourse, or sexual penetration, by force, or without consent.
- Victim – A person who is injured, killed, or otherwise harmed as a result of a criminal act, accident, or other event.
Penalties for Child Exploitation
According to Legal Dictonary, “in all U.S. jurisdictions, child exploitation is a felony, subjecting the offender to very serious criminal consequences. Penalties for child exploitation vary slightly by jurisdiction, and depending on the specific details of the crime.”
Potential penalties for first time offenders include:
Offense (first-time conviction) | Penalty |
Production, possession, or distribution of child pornography | Imprisonment for 15 – 30 years |
Transporting child pornography | Imprisonment for 5 – 20 years |
Facilitating sex with a child, or participating in any child exploitation crime | Imprisonment for up to 30 years |
Trafficking of children for prostitution | Life imprisonment |
All sentences increase in severity for offenders with prior child exploitation offenses, or other felony offenses. In some jurisdictions, sentencing may be ordered to run consecutively, if the offender is convicted of multiple counts of child exploitation. This means that the sentence for each act would not begin until the previous sentence has been served.
The provided information was produced by Legal Dictionary
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