A 20-year old man arrested by Murfreesboro Police will face three counts of sexual exploitation of minor in General Sessions Court on Monday (8/19/13). Suspect Benjamin A. Watts was arrested after a case was opened this past June. The case evidently started with a call to the MPD by the Department of Children Services after it was reported that Watts had child pornographic images hanging on his apartment wall.
Inside the apartment police confirmed they found three pictures on the wall that appeared to be child pornography. Police say they asked Watts if the photos were his and the report on file with the MPD states that he responded, “Yes.”
Upon a further interview of Watts, he allegedly told police that he had approximately 200-images of child porn. The suspect even gave police consent to search his phone and computer for additional information. As suspected, child porn was found on the phone that Watts was in possession of. The phone and the computer belonging to Watts were transferred to the T.B.I. Watts will be represented by a Public Defender in General Sessions Court on Monday.
T.C.A. 39-17-1003. Offense of sexual exploitation of a minor.
(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).
(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the material, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d) A violation of this section is a Class D felony; however, if the number of individual images, materials, or combination of images and materials, that are possessed is more than fifty (50), then the offense shall be a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred (100), the offense shall be a Class B felony.
(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
HISTORY: Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 2.
MPD Arrest Report 13-11841 B
Tennessee Code Annotated (See Above: TCA 39-17-1003)
Rutherford County Court Docket for General Sessions