Aggressive and Thorough Representation
in Immigration, Criminal & Family Law
Sexual Exploitation of a Child
Child Pornography • Online Solicitation of Minors for Sex
Producing, distributing, possessing or knowingly viewing child pornography is a second-degree felony, with each count punishable by up to 15 years in prison. The allegations must be forcefully challenged to avoid a lengthy sentence and a lifetime of sex offender registration.
Trupiano Law is a criminal defense practice representing individuals in Salt Lake City and surrounding counties of Utah. Protecting your rights and mounting a viable defense requires prompt intervention. Call immediately at 801-266-0166 for a Consultation.
Skilled Defense for Child Pornography Charges
The typical client is accused of possessing child porn images downloaded via the Internet. Utah statutes and the Supreme Court have held that it is not a crime if the persons depicted are over 18 (no matter how young they appear) or if no actual person is depicted (i.e., computer-generated images of children).
Kim Trupiano has employed other defenses in cases of exploitation of a minor:
- Innocent download — The client thought he was downloading legal (adult) porn, but some images in a large batch of files depicted minors in exploitative poses or sexual acts.
- Illegal search and seizure — After monitoring Internet activity, law enforcement may conduct a knock and talk, but they fail to get valid consent to seize or search the computer’s hard drive.
- Exceeding the scope of a search warrant – After monitoring Internet activity, law enforcement may conduct a raid, but they exceed the bounds of the warrant by searching an occupant’s room or hard drive not covered on the warrant.
- Wrong person/unauthorized — The prosecution fails to establish which member of the household viewed the porn.
Soliciting Sex Online
Many of the same defenses apply when a person is charged with solicitation of a minor for sex. The state must prove that the defendant knowingly solicited a minor for sex. If the victim portrayed herself/himself as over the age of consent, that may be a defense. Chat room dialogue with a teen (or undercover officer posing as one) is also open to interpretation. Were sexually explicit terms or “code words” for sex used? Was money discussed? Was there entrapment? If a meeting was arranged, did the defendant show up?
Kim Trupiano is an experienced trial lawyer who searches for any chance to have evidence excluded or charges thrown out. She prepares every exploitation or solicitation case for trial, but engages in plea negotiations if the risk of conviction is too great.
Trupiano Law offers an initial consultation. Se habla español.