Duhaime's Law Dictionary


Sexual Exploitation of a Minor Definition:

The use of a child for the purposes of pornography.

A statute-based offence designed in each jurisdiction for specific purposes and most often to capture conduct which might not be suited to other more generic offences of a criminal code.

In the State of Utah, the Criminal Code, at §76-5b-201(1), under "sexual exploitation of a minor" focuses on the context of pornography:

"A person is guilty of sexual exploitation of a minor: (a) when the person: (i) knowingly produces, possesses, or possesses with intent to distribute child pornography; or (ii) intentionally distributes or views child pornography; or (b) if the person is a minor's parent or legal guardian and knowingly consents to or permits the minor to be sexually exploited as described (above)."

In Canada, the offence is not termed sexual exploitation of a minor because it applies only to those between the ages of 16 and 18. Consider 153(1) of the Criminal Code (2011):

"Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person....

"A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including the age of the young person; the age difference between the person and the young person; the evolution of the relationship; and the degree of control or influence by the person over the young person.

"Young person means a person 16 years of age or more but under the age of eighteen years."

Other provisions are in place in the event of victims under the age of 16.

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