It is illegal to possess, control, transmit, transport, or create images depicting the exploitative exhibition of a minor, otherwise known as child pornography. These allegations are some of the most severe under Arizona law and are prosecuted harshly.
When you face these accusations, you need immediate and rigorous legal representation from an experienced lawyer. Grand Canyon Law Group can explain what to know about child pornography charges in Phoenix and help you navigate the process with as little impact on your life as possible. We will work to protect your rights, reputation, and freedom.
Child pornography is the graphic depiction of a child in a sexually exploitative manner. Typically, this goes beyond nudity, although some nudity could be prosecuted as child pornography. Generally, the legal definition says it must focus on genitalia or depict some sexual act to qualify as pornography.
Child pornography charges are punished harshly. Every image a person possesses depicting child pornography is punishable by a minimum of 10 years or up to 24 years for each image. Additionally, the sentence for each image must run consecutively—if a person is convicted for possessing ten images, their minimum sentence after trial will be 100 years in prison. When the stakes are this high, it is crucial to discuss child pornography charges with a Phoenix attorney who can explain the legal options for minimizing the consequences.
The Phoenix Police Department has its own internet crimes unit that typically handles child pornography cases. This department will often coordinate with local law enforcement and federal agencies like the FBI and the Department of Homeland Security to prosecute the charges in state or federal court.
Federal agents may create task forces with local agents to handle child pornography operations. If a case meets certain elements of federal statutes and federal courts have jurisdiction, the Feds may pick up the case. This often involves alleged crimes occurring between two or more states.
However, general possession of child pornography in one state will be filed in state court. If a defendant lives in one state but is accused of soliciting images from or sending them to someone in another state, they could face charges in both jurisdictions. The local attorneys at our firm can explain what to know about state versus federal child pornography cases and help a defendant prepare for the proceedings.
Sometimes, law enforcement will enter chat rooms where they believe discussions and exchanges of child pornography are taking place. They will pose as a member of the community or chat group; if someone shares a link to illegal files, law enforcement will determine that person’s IP address and location.
Law enforcement in Phoenix might begin the investigation, but if it turns out that the suspect lives across the United States, local law enforcement will coordinate with the other state agency for search warrants. Based on the investigation, the agencies will determine whether the person should be charged in Arizona, in another state, or federally.
Anyone who suspects they might be under investigation for child pornography should immediately contact legal counsel to discuss important information in the case and prepare for the charges. The better prepared you are, the better your chances of building a strong defense and preventing the severe consequences of a conviction.
Our attorneys can explain what to know about child pornography charges in Phoenix and inform you of your rights. Reach out to Grand Canyon Law Group today to learn how we can fight for your future.