The sexual exploitation of children, which includes the production of child pornography, is one of the most serious crimes with which you can be charged in Utah.
Sentences are severe, and these offenses also commonly provoke enormous public outrage. If you are convicted, or even if you are not, being subject to criminal proceedings or investigation related to child pornography is likely to have devastating and life-changing consequences.
If you find yourself in this situation, it’s vital that you seek expert legal advice as soon as possible. The attorneys at Wasatch Defense Lawyers of Salt Lake City UT have more than 100 years of combined criminal defense experience in sex crimes defense. We’re committed to getting the best possible result for you, and to protecting your rights before, during and after any formal legal proceedings.
If you need expert, impartial and non-judgmental advice, call us today on 801 980 9965 or fill out our online contact form to schedule a free consultation.
Producing Child Pornography – The Law in Utah
Under Title 76 of the Utah Criminal Code it is an offense to “produce” child pornography; that is to make any visual depiction such as photographs, films tapes or computer images of minors engaged in the explicit sexual activity; or to compose, design or direct the creation of such material.
It is also an offense to engage or hire other people for these purposes.
In the law of Utah, the production of child pornography is classed as a second-degree felony punishable by a maximum 15-year prison sentence and/or a $10,000 fine.
But these offenses are often dealt with by federal courts which are bound to impose a minimum prison sentence of at least 15 years and may impose one of up to 30 years.
Further Consequences of Conviction
In addition to any prison sentence or fine, if you are convicted of producing child pornography, you will also be placed on the Utah Sex Offenders Register for life.
This registration is not just a matter of being named in a document; it has serious implications for your personal freedom. These may include an electronic curfew, your DNA being retained and your place of residence and employment is subject to Parole Officer approval.
You will not be allowed to have even the most cursory contact with people under 18, or to visit any public place where they are likely to congregate.
If You’re Charged with Producing Child Pornography in Utah, You Need Help Fast
Computer viruses and other malware which may infect files make it entirely possible for merely careless or even entirely innocent individuals to stumble across child pornography online. And even the downloading of a file has been charged as the producing of pornography on the grounds that this action created an item which did not exist before.
Utah has a reputation for taking a very hard line on this category of offense, and some apparently common-sense lines of defense are explicitly excluded by the Code. It is not open to a defendant, for example, even to argue that they honestly believed the individual(s) depicted in the relevant material to be over 18.
Each individual depicted may give rise to a separate chargeable count, and the prosecution is not required to prove the identity of those individuals.
It is therefore extremely difficult to escape conviction or to persuade the court to pass a relatively lenient sentence, without the help of highly experienced defense counsel.
If you or someone close to you needs this help, get in touch with us right away. Wasatch Defense Attorneys has enormous expertise in this area of law: our mission is to preserve both your freedom and your reputation, and we won’t shy away from even the most challenging or notorious of cases.
Fill out our online contact form or call us on 801 980 9965 to schedule a free consultation and case review.