Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include:

  • Prostituting another person;
  • Recording images (e.g., video, photograph), audio, or otherwise of another person’s sexual activity, intimate body parts, or the person in a state of undress;
  • Distributing images (e.g., video, photograph), or audio of another person’s sexual activity, intimate body parts, or the person in a state of undress; and
  • Viewing another person’s sexual activity, intimate body parts, or the person in a state of undress in a place where that person would have a reasonable expectation of privacy.

Even if a person consented to sexual activity, consent must also be given to any photographing or recording of sexual activity. In addition, even if a person consented to photographing or recording of sexual activity, consent must also be given for any distribution of that material.