Vermont Child Pornography Laws

Engaging a person under the age of sixteen to partake in a sexual performance is a crime under Vermont child pornography laws. A conviction under this law carries substantial penalties. However, there are a handful of affirmative defense that let offenders wriggle off the district attorney's hook. The following is a brief summary of the child pornography laws in Vermont.

Sexual Performances Criminalized by Vermont Child Pornography Laws

Vermont lists specific "sexual performances" that violate it's child pornography laws. The Green Mountain State's laws also penalizes possession and promotion of child pornography from within the state. By statute, second offenders of any of Vermont child pornography laws will also receive much stiffer jail sentences and fines.

The following table outlines the specifics of Vermont child pornography laws.

Code Sections

Vermont Statutes Title 13 Chapter 64: Sexual Exploitation of Children.

Use Of A Child In A Sexual Performance

Vermont style="line-height:1.6">child pornography laws states that no person may promote, induce, or engage a sexual performance by a child or a performance which contains a lewd exhibition of the genitals, anus or breasts of a child.

Promoting A Recording Of Sexual Conduct

Under this statute, no person may promote any photograph, film or visual recording of sexual conduct by a child, or of a lewd exhibition of a child's genitals or anus. This subsection does not apply to paintings, drawings, or to non-visual or written descriptions of sexual conduct.

Possession of Child Pornography

No person may possess any photograph, film or visual depiction, including any depiction which is stored electronically, of sexual conduct by a child or of a clearly lewd exhibition of a child's genitals or anus.

Penalties

Vermont child pornography laws penalizes any person who uses a child in a sexual performance or promotes a recording of child pornography up to 10 years in prison, fined up to $20,000, or both. Repeat offenders of this crime may be punished by up to 15 years in prison, fined up to $50,000, or both.

A sentence for possession of child pornography depends on what the picture depicts. If the picture is of a lewd exhibition of a child's genitals or anus, a violator may be imprisoned up to two years, fined up to $5,000.00, or both. But, if the picture depicts sexual conduct by a child, the crime is punishable by up to five years in prison, a fine of not more than $5,000, or both. Repeat offenders of this crime may be punished by up to 10 years in prison, a fine up to $50,000, or both.

Being accused of violating child pornography laws is an extremely serious crime. It is important that you fully understand the process and the extent of your rights. If you require legal assistance with this crime, you can contact a Vermont criminal defense lawyer through FindLaw. Visit FindLaw's sections on child pornography and other sex crimes for more articles and information on this topic.

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