Arizona law is unforgiving when it comes to child pornography, a crime described in the state statutes as sexual exploitation of a child. This charge is a Class 2 felony, and a conviction can effectively mean a life sentence without dedicated legal defense. In these cases, the prosecutor usually stacks the charges, which means every confiscated image of a child engaging in sexual activity is charged separately in the same indictment, and prison terms run consecutively instead of concurrently.
If you are arrested and charged for exploiting a child, you need an advocate who will ensure you get a fair trial by aggressively defending you and presenting mitigating circumstances. At Grand Canyon Law Group, a Chandler child pornography lawyer is here to handle your case the right way and work to protect your future.
To be convicted of child exploitation, the defendant must knowingly engage in filming, photographing, distributing, or possessing depictions of minors engaging in sexual activity, according to Arizona Revised Statutes § 13-3553. Minors are children younger than 18. Some examples of child pornography include:
Possessing images of children in exploitive situations is the most common type of child pornography crime in Chandler. However, the law does not discriminate between possessing and producing or distributing illicit child pornography films. With stacked child pornography charges, a defendant could be facing a lifelong prison sentence, requiring help from a relentless attorney familiar with the local court systems.
Purchasing, producing, possessing, and distributing illegal images is punished even more severely if the child involved is younger than 15. ARS § 13-705 addresses punishment for dangerous crimes against young children, as a knowledgeable lawyer at our firm can further explain.
To be convicted of child pornography, the defendant must know the activity they are engaging in involves minors. 17-year-olds who represent themselves as 18 might reasonably convince someone they are old enough to pose for risqué photos. Alternatively, a victim the police assume is younger than 18 might actually be older.
A Chandler attorney can review arrest reports, evidence, and a defendant’s statements to begin mounting a defense against child pornography charges. If the police enter a suspect’s home to seize evidence, they must follow the proper procedure. If they fail to follow procedure, a skilled lawyer could investigate and challenge the search and seizure as illegal under the Fourth Amendment to the Constitution.
The exploitation of children is a Class 2 felony. First offenders will be sentenced to between three to 12.5 years in prison. If the victim is younger than 15, a first offender will serve between 10 and 24 years, and for a second offense, 21 to 35 years.
If the prosecutor stacks charges for multiple images, each conviction is sentenced separately, which effectively could be a life sentence because a defendant will serve one sentence after another. Fines and restitution may also apply. If convicted, defendants must register as sex offenders in Arizona.
There are mitigating or aggravating circumstances that could affect these prison sentences. Mitigating circumstances include the defendant’s age and whether they are remorseful about their actions. Aggravating factors include if the defendant is a repeat offender and if violence was involved. As such, it is critical for a person charged with child pornography to immediately consult a dedicated Chandler attorney and begin working on an airtight defense.
Arizona has zero tolerance for people who participate in exploiting children by photographing, distributing, or possessing images of them in compromising situations. The penalties are harsh and can include years in prison, fines, restitution, lifelong probation, and registration as a sex offender. You need an experienced legal advocate who can defend your rights, reputation, and way of life.
At Grand Canyon Law Group, our former prosecutors know how to investigate and present evidence to refute the charges against you. Let a Chandler child pornography lawyer protect you and offer crucial guidance in your case.