Possession of Sexual Exploitation Material | Successfully Defending a Client Charged With Possession of Sexual Exploitation Material Against an Actual Custodial Sentence

This is the account of a client who sought assistance on charges of possession of sexual exploitation material.

The client had only recently begun working life and, while browsing social media, came across a post advertising the sale of a video depicting the sexual acts of a young girl.

Out of curiosity, the client contacted the author of the post, paid the purchase price, and purchased a total of about 700 nude photos and videos of the young girl.

From that point on, the client stored and possessed child and youth sexual exploitation material.

The client subsequently also accessed a group chat room on social media and viewed videos posted by someone in which children and youth engaged in masturbation or sexual acts.

As the seller who had sold the videos to the client was apprehended, the client's charges were also uncovered.

The client sought assistance from an attorney, saying that he appeared likely to be severely punished on charges such as possession of sexual exploitation material.

A person charged with possession of sexual exploitation material may be punished at the level below, in accordance with the Act on Special Cases concerning the Punishment of Sexual Crimes.

Act on Special Cases concerning the Punishment of Sexual Crimes

However, the sexual exploitation material that the client purchased, possessed, and viewed was 🔗child sexual exploitation material, and in this case, with no upper limit on the sentence and no option of a fine, a person may be punished at the level below.

Act on the Protection of Children and Youth against Sexual Abuse

For the client facing the risk of punishment on charges of possession of sexual exploitation material, the attorney mounted the following defense.

As a result of the attorney stepping in for the client charged with possession of sexual exploitation material, the court handed down a suspended sentence.

The client had purchased, possessed, and viewed child and youth sexual exploitation material among such material, and faced a likely sentence of imprisonment for a definite term of at least one year, for which there is no statutory upper limit.

With the attorney's assistance, it was possible to successfully avoid an actual custodial sentence.

If you, like the client in this case, are charged with possession of sexual exploitation material or viewing or purchasing child and youth sexual exploitation material and face the risk of an actual custodial sentence, you may at any time 🔗request an attorney and seek assistance.