If you or a loved one are facing charges related to sexual exploitation, you are dealing with complex accusations that frequently involve both state and federal jurisdictions. Evidence in these situations is typically digital, highlighting the importance of having a defense that is well-versed in such matters.
Two different classifications
Sexual exploitation operations in Indiana primarily focus on two serious crimes, whose classifications depend on the age of the minor and the nature of the interaction:
- Solicitation of a minor: This conduct involves trying to persuade or influence a child to engage in sexual activities or distribute explicit material.
- Possession of child sexual abuse material (CSAM): This involves having, transporting, or sharing explicit images or videos of minors. Simply downloading or saving such a file is considered possession.
Both of them are classified as Level 4 Felonies under the Indiana Code, but their severity can escalate.
The danger of dual jurisdiction
The key in these cases is that they rarely involve only state charges. Operations such as Restore Justice involve federal and state agencies working together. This means you may face charges under state law or under federal law such as Possession of child sexual abuse material (CSAM) or solicitation of a minor. Federal charges carry much longer mandatory prison sentences than state charges.
Digital evidence is key
In these cases, the prosecution relies on evidence that rarely lies: metadata, IP records, and chat messages. An experienced attorney can help you examine evidence and provide a sound defense strategy, ensuring that your constitutional rights are protected.