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If You're Charged with Exploitation of a Child...

The time to act is now. You need a defense attorney who understands the nuances of Tennessee’s child sexual exploitation laws, who can challenge unconstitutional searches, and who will stand between you and a permanent criminal record.

Facing Child Pornography Charges in Memphis?

What Tennessee Law Says About Child Pornography

Tennessee defines child pornography offenses under a group of statutes aimed at criminalizing the possession, promotion, and distribution of material involving minors engaged in sexual activity or simulated sexual conduct.

The relevant charges include:

Especially Aggravated Sexual Exploitation of a Minor – T.C.A. § 39-17-1005

This is the most serious child pornography charge in Tennessee. It applies when someone knowingly promotes, sells, delivers, or exchanges any material that includes a minor engaged in sexual activity or simulated sexual activity, and the person knows the material includes a minor.

  • Class B felony
  • Punishable by 8 to 30 years in prison
  • Fines up to $25,000
  • Each image or video may be charged as a separate offense

Aggravated Sexual Exploitation of a Minor – T.C.A. § 39-17-1004

This statute applies when someone knowingly possesses material that includes minors engaged in sexual activity and intends to promote, distribute, or exchange the material. It’s essentially a middle-tier charge—worse than mere possession but less than actual trafficking.

  • Class C felony
  • Punishable by 3 to 15 years in prison
  • Fines up to $10,000
  • May include registration as a sex offender

Sexual Exploitation of a Minor – T.C.A. § 39-17-1003

This is the charge most commonly associated with possession of child pornography. It applies to any individual who knowingly possesses material containing a minor engaged in sexual activity or simulated sexual activity.

  • Class D felony
  • Punishable by 2 to 12 years in prison
  • Fines up to $5,000
  • Possible lifetime registration as a sex offender

Each image or video found on your device can be counted as a separate charge—turning a single possession case into a multi-count indictment with decades of prison time on the table.

Shelby County Criminal Court
  • Address: 201 Poplar Avenue, Memphis, TN 38103
  • Phone: (901) 222-3200
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM
Shelby County General Sessions Criminal Court
  • Address: 201 Poplar Avenue, Suite LL-81, Memphis, TN 38103
  • Phone: (901) 222-3500
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM

Federal Charges: When the Case Goes Beyond State Court

In many cases, especially those involving distribution across state lines or cloud-based storage, child pornography offenses may be prosecuted under federal law.

Federal charges may include:

  • 18 U.S.C. § 2252A – Possession, distribution, or receipt of child pornography
  • 18 U.S.C. § 2251 – Production of child pornography
  • Mandatory minimums of 5–15 years, with maximums up to 30+ years depending on prior history and aggravating factors

If you’re facing federal indictment, it’s critical that your Memphis child pornography lawyer has experience with both federal and state court systems. We do.

Consequences of a Conviction

Even a first-time conviction for possession of child sexual abuse material carries severe, long-term consequences:

  • Years in prison with little chance of diversion or early release
  • Mandatory registration on the Tennessee Sex Offender Registry (potentially for life)
  • Restrictions on housing, employment, and travel
  • Loss of professional licenses or security clearances
  • Immigration consequences (including deportation or denial of citizenship)
  • Social and reputational ruin—even before trial

Once charged, prosecutors often push for plea agreements that carry sex offender registration and prison time. That’s why having a defense lawyer who can push back is essential.

How We Defend Child Pornography Charges

We understand how sensitive—and high-stakes—these cases are. Our legal strategy focuses on constitutional defenses, technical analysis, and strategic advocacy.

Illegal Search and Seizure

Many child pornography investigations begin with a tip or online activity traced to an IP address. But IP addresses alone are not proof of who used the device—or what was actually accessed. We examine whether:

  • Law enforcement had a valid search warrant
  • The search exceeded the warrant’s scope
  • There was probable cause to seize your devices
  • Evidence was obtained through entrapment or coercion

If your rights were violated, we will file a motion to suppress the evidence and may be able to get the case dismissed.

Lack of Knowledge or Intent

Possession requires knowledge and intent. We explore whether:

  • Someone else had access to the device (roommates, coworkers, etc.)
  • Files were automatically downloaded or cached without your intent
  • Malware, peer-to-peer file sharing, or viruses may have contributed
  • Forensic tools used by police were flawed or incomplete

In digital evidence cases, technical facts matter—and we know how to challenge them.

Unreliable Digital Forensics

State and federal agents often rely on forensic software to locate and analyze files. These tools can:

  • Mislabel or misidentify content
  • Include deleted or corrupted files
  • Lack metadata proving who viewed or downloaded the content

We bring in independent digital forensic experts when necessary to evaluate the credibility of the prosecution’s case.

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What to Do If You’re Being Investigated

You do not have to be arrested to be in danger. If law enforcement has executed a search warrant at your home or seized your devices, you are already a suspect.

Do not:

  • Speak to law enforcement without an attorney
  • Agree to polygraphs or interviews
  • Attempt to “explain” the files—they may already be building a case

Instead:

  • Call our office immediately for a confidential legal consultation
  • Let us deal with investigators on your behalf
  • Begin building your defense now—before formal charges are filed

Why Choose Harvey Criminal Defense Lawyers?

We Don’t Flinch in the Face of Difficult Allegations

We know these cases are emotionally charged and socially isolating. Many attorneys won’t even take them. We do—because you still have rights, and those rights deserve to be defended.

Deep Experience in Digital Evidence & Sex Crime Defense

These cases are built on forensics. We understand how to dissect hard drives, challenge evidence collection methods, and expose holes in the state’s narrative.

Local Court Experience That Matters

From negotiating pretrial diversion to arguing suppression motions in Shelby County criminal courts, we know how local judges, prosecutors, and law enforcement work—and we use that knowledge to your advantage.

Areas served

  • Memphis
  • Covington
  • Henderson
  • Germantown
  • Somerville
  • Robertsdale
  • Collierville
  • Brownsville
  • Spanish Fort
  • Bartlett
  • 38103
  • 38104
  • 38105
  • 38106
  • 38107
  • 38108
  • 38109
  • 38111
  • 38112
  • 38114
  • 38115
  • 38116
  • 38117
  • 38118
  • 38119
  • 38120
  • 38122
  • 38125
  • 38126
  • 38127
  • 38128
  • 38131
  • 38132
  • 38133
  • 38134
  • 38135

Don’t Wait Until It’s Too Late. Call Now for a Confidential Consultation.

If you’re facing allegations involving child pornography—whether it’s possession, distribution, or solicitation—do not wait for things to “blow over.” They won’t. These cases are prosecuted aggressively and carry life-changing consequences.

We offer confidential, judgment-free consultations to help you understand:

  • What charges you’re facing
  • What defenses may apply
  • How to protect your rights now and in the future

Contact Harvey Criminal Defense Lawyers today or fill out our secure online form to schedule a consultation. Your future is worth fighting for.

Frequently Asked Questions

What is considered child pornography under Tennessee law?

Under T.C.A. § 39-17-1002 to § 39-17-1005, child pornography includes any visual depiction—photos, videos, or digital files—that shows a minor (under 18) engaged in actual or simulated sexual activity. Even cartoon images, deepfakes, or AI-generated content can qualify if they are sexually explicit and appear to depict minors.

Is possession of child pornography a felony in Tennessee?

Yes. Even first-time possession is charged as a Class D felony under T.C.A. § 39-17-1003. Penalties include 2 to 12 years in prison, up to $5,000 in fines, and mandatory sex offender registration. If the material was intended for distribution or promotion, charges escalate to Class C or B felonies, with far harsher penalties.

Can each file be charged as a separate crime?

Yes. Tennessee law allows prosecutors to charge each individual image or video as a separate count, which can quickly result in dozens—or even hundreds—of felony charges. That’s why early legal intervention is critical to limiting exposure and challenging the scope of the case.

What if I didn’t know the files were on my device?

Lack of knowledge can be a legal defense. If files were automatically downloaded through peer-to-peer software, sent by someone else, or placed on your device without your consent or awareness, your attorney may challenge intent and knowledge, both of which are required elements of the crime.

Will I have to register as a sex offender if convicted?

Yes, in almost all cases. A conviction for possession, distribution, or promotion of child pornography in Tennessee results in mandatory sex offender registration, often for life. This imposes restrictions on where you can live, work, and travel—and may impact your family, career, and reputation permanently.

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