The Idaho criminal code Title 18, Chapter 15, Section 7 lists the specific sexual acts that constitute the crime of Sexual Exploitation of a Child. The statutes also include definitions to clarify the particular nature of the commission of these acts that cause them to rise to the level of this serious crime. This section of the law also states the penalties for defendants convicted of the crime.
If you have been arrested for Sexual Exploitation of a Child in the state of Idaho, you will need to work with the best Child Sexual Abuse Lawyers Boise, ID offers. Your attorney will ensure that all your legal rights are fully protected and build the most effective defense possible to keep you out of jail and off the sex offender registry.
If you are charged with sexual battery of a minor in Idaho, you need the best sex crimes attorney Idaho can offer to help you protect your freedom.
Click to jump to section:
- Sexual Exploitation of a Child
- Possessing and Distributing Sexually Exploitative Material
- What If a Minor Child Intended Explicit Content for an Adult?
- Punishments for Sexual Exploitation of a Child
- What If Part of the Law or Its Application is Invalid in Your Case?
- Top Criminal Defense Lawyer in Idaho
Defining Acts of Sexual Exploitation of a Child
A “child” is defined by the State of Idaho as someone who is 17 years old or younger. Under Idaho 18-15-7, such acts are generally defined as follows, unless the particular context necessitates some modification permitted by law:
- Explicit sexual conduct: means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, sexual excitement, or bestiality.
- Sexual intercourse: This means real or simulated intercourse, whether genital to genital, oral to genital, oral to anal, or anal to genital, between people of the same or opposite sex, between a human and an animal, or by a human using an artificial genital.
- Erotic fondling: This refers to touching the genitals, pubic area, breasts (if female), or buttocks of a child, whether those areas are developing or undeveloped and whether clothed or unclothed. This act is a crime if it is performed for overt real or simulated stimulation or gratification of any person(s).
- Erotic nudity: Display of any of the unclothed areas of the body of a child that is described above in the definition of Erotic fondling, for one or more of the purposes named in that definition.
- Sexually exploitative material: Any visual imagery produced or reproduced in any medium that displays a child participating in, or observing, or otherwise being utilized for explicit sexual conduct in real-time. This includes, for example, a video call, video chat, webcam interaction.
- Sadomasochism: Simulated or actual binding or other restraining, or beating or other torture of a child for the purpose of anyone’s actual or simulated sexual gratification or stimulation.
Possessing and Distributing Sexually Exploitative Material
Under Idaho law, a person has committed Sexual Exploitation of a Child if he or she has intentionally committed one of the following acts:
- Accesses or possesses any material that contains sexually exploitative images of a child.
- Induces, causes, or allows a child to be utilized for, or to participate in explicit sexual conduct in order to produce material that is sexually exploitative.
- Prepares, promotes, publishes, finances, displays, or advertises sexually exploitative material.
- Distributes sexually exploitative material, whether a monetary transaction or other exchange that occurs in the course of the distribution.
What If a Minor Child Intended Explicit Content for an Adult?
If an individual who is at least 18 years of age willfully possesses content that was criminally created and distributed, per State Code 18-15.7.a.1 or 2, he or she may be guilty of a misdemeanor. Under the law, if all three of the following conditions apply to the commission of the act, then the defendant has committed misdemeanor Sexual Exploitation of a Child:
- The minor portrayed in the explicit imagery is not more than 3 years younger than the individual who is in possession of the content.
- The individual in possession of the illegal content did not manipulate, coerce, or use fraudulent means to acquire the content.
- The minor portrayed in the imagery delivered the explicit content with the intent that the person in possession of it would receive it.
Punishments for Sexual Exploitation of a Child
Being convicted of a form of Sexual Exploitation of a Child in Idaho can carry a long prison sentence and a very large fine. If you expect to be arrested for this kind of offense, you need to contact an experienced Idaho child molestation lawyer to make sure all your rights are protected. Your Sexual Exploitation lawyer knows how to build the most effective case to defend you and help you save your freedom and your future.
For perspective on the stakes if you are charged with Sexual Exploitation of a Child, these are the sentences handed down by Idaho courts:
- The sexual exploitation of a minor child in Idaho, under Code 18-15-2.a is a felony. Penalties due to conviction of this crime can include a maximum of 10 years in State prison, or a maximum fine of $10,000, or both.
- The sexual exploitation of a minor child in Idaho, under Code 18-15-2.b, c, and d is a felony. Penalties due to conviction of this crime can include a maximum of 30 years in State prison, or a maximum fine of $50,000, or both.
What If Part of the Law or Its Application is Invalid in Your Case?
The parts of Idaho 18-15 are several (severable). This means the State contemplates that one or more parts of the Idaho Code contained in Title 18 Chapter 15 may be argued to be invalid. It further means that if any part(s) is found to be invalid in a sex crime case, the invalid element(s) cannot impact the validity or enforceability of the remaining parts of the law. Those parts that are valid can be legally pursued in prosecution excluding the part(s) deemed invalid.
If You Face Charges of Sexual Exploitation of a Child in Idaho
Our highly experienced sex abuse lawyers immediately work to have charges dismissed or reduced and prevent you from going to jail or being entered on the sex offender registry. Ask for help with financing alternatives.