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In Arizona, child pornography is codified as the visual depiction of the sexual exploitation of children. These charges can result from a variety of scenarios and may lead to severe penalties. You could become embroiled in the criminal court system with one internet download of provocative images you think are of people older than 18.
However, just because law enforcement arrests you or the prosecutor charges you, does not mean you will be found guilty. At the Grand Canyon Law Group, our dedicated defense attorneys are former prosecutors who know how to use every available strategy to protect your rights and reputation. Consult a Mesa child pornography lawyer to learn what defenses may be available to you.
Arizona Revised Statutes § 13-3553 defines sexual exploitation of children as possessing child pornography, filming or photographing minors in sexually explicit scenarios, or distributing such material. Additionally, the statute defines this charge as a person knowingly engaging in such behaviors.
Some examples of child pornography include:
Children under the age of 18 are considered minors for purposes of ARS § 13-3553. However, if the minor is younger than 15, the penalties are amplified. ARS § 13-705 is the Arizona statute for sentencing dangerous crimes against children, most of which involve a sexual element. A Mesa attorney will look at the facts of a child pornography charge to begin preparing a solid defense.
In a child exploitation case, a defendant and their local attorney can contest charges by offering defenses that cast reasonable doubt on their guilt. As previously stated, defendants must know that they are sexually exploiting children for the charges to be valid. A photographer who pays models to pose for pornographic pictures may not be liable if a 17-year-old provides false identification as an adult. If the photographer had proof that the model was 18 at the time of the photo shoot, this would also negate an element of the crime.
A persistent child exploitation lawyer in the area can also study the arrest and seizure of any evidence. If the search and seizure were illegal or the target’s Miranda rights were violated, the evidence may be inadmissible, and the case may be thrown out.
A conviction for child pornography under ARS 13-3553 is a Class 2 felony. Although Arizona statutes assign a minimum, maximum, and presumptive sentence to each felony, sentences for non-violent felonies may be impacted by mitigating and aggravating circumstances.
First-time offenders face a minimum prison sentence of three years if mitigating factors are applied and up to 12.5 years with aggravating factors. Under ARS § 13-705, if the exploited minor is younger than 15, a first-time offender is looking at between 10 and 24 years in prison and 21 to 35 years for a second offense. Three or more offenses is a life sentence with no possibility of parole for 35 years.
Those convicted of sexual exploitation of a child in Arizona are required to register as sex offenders. The state maintains a sex offender registry that citizens can access. When the consequences are this harsh, it is essential for anyone facing child pornography charges to work with a dedicated lawyer at our Mesa office.
Arizona is one of the toughest states in the county on crimes against children. However, it is critical to remember that you have legal options. If you are charged with sexually exploiting a child, there may be valid defenses or mitigating circumstances that a skilled attorney can present to protect yourself and your way of life.
At Grand Canyon Law Group, we seek justice for people under the long-held legal premise that you are innocent until proven guilty. Your situation is not hopeless. Call a Mesa child pornography lawyer today to learn how we can relentlessly represent you.
Grand Canyon Law Group
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