Elements
(1)A person is guilty of sexual exploitation of a minor:(a)when the person:
(i)knowingly produces, possesses, or possesses with intent to distribute child pornography; or
(ii)intentionally distributes or views child pornography; or
(b)if the person is a minor's parent or legal guardian and knowingly consents to or permits the minor to be sexually exploited as described in Subsection (1)(a).
(2)Sexual exploitation of a minor is a second degree felony.
(3)It is a separate offense under this section:
(a)for each minor depicted in the child pornography; and
(b)for each time the same minor is depicted in different child pornography.
(4)It is an affirmative defense to a charge of violating this section that no person under 18 years of age was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
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Defenses
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Sexual exploitation of a minor prosecutions typically follow this pattern:
1. An officer identifies that a known child pornography image is being shared by a particular IP address on a file sharing site such as Bit Torrent.
2. The officer determines who the IP address is assigned to and obtains a search warrant.
3. The officer executes the warrant and seizes and searches all devices for child pornography.
4. The officer questions the people in the home about: (a) who had access to the computer; (b) whether anyone downloaded or viewed child pornography; (c) did they know they were downloading child pornography.
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The typical defenses associated with the typical pattern of sexual exploitation of a minor case are: (1) whether the device on which child pornography was located was used/accessible by more than one person; (2) whether the suspect device was purchased new or used; (3) whether the person knew what they were downloading was child pornography (knowing/intentional requirement).
Sex Offender Registration
77-41-106. Registerable offenses.
(7)Section 76-5b-201, sexual exploitation of a minor.
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A conviction of sexual exploitation of a minor is a lifetime registerable offense.
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However, a conviction of an attempted sexual exploitation of a minor is a 10 year registerable offense, under UCA 77-41-105(3)(a).
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Jail/Prison time, fines & restitution
76-3-203. Felony conviction -- Indeterminate term of imprisonment.
A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows:
In the case of a felony of the second degree, unless the statute provides otherwise, for a term of not less than one year nor more than 15 years.
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76-3-301. Fines of persons.
(1)A person convicted of an offense may be sentenced to pay a fine, not exceeding:
(a)$10,000 for a felony conviction of the first degree or second degree;
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