Arizona Sexual Exploitation of a Minor
Although an argument may be made for a person’s right to own pornography in general, short of hardcore obscenity, child pornography is considered anathema by most of society. Arizona has no tolerance for exploiting a child for one’s sexual gratification, and the laws are harsh, with severe penalties for those who are convicted. Nobody deserves to be wrongly accused of this serious crime. If you are one of them, we are here to help you. We understand what you must be going through so let us lift the legal burden from your shoulders. We can work on this case together.
That being said, there are various ways in which a person may be wrongly accused of this serious crime. If you are facing charges related to child pornography you are at grave risk of losing your freedom for many, many years. There are defenses available, and you are to be presumed innocent until the prosecution proves you to be guilty beyond a reasonable doubt.
A seasoned Phoenix sex crimes lawyer with a nuanced understanding of the law and the Constitution is your best protection when you are being investigated, arrested, or charged with any activity related to child pornography or the exploitation of a minor.
At Snader Law Group, our legal team has extensive experience in representing federal offenses involving child pornography and other sex crimes. We will use this knowledge to aggressively defend you against your sex crime charges.
Having the best possible Phoenix child pornography attorney may provide you with the only means to avoid prison, the loss of your good reputation, and if you ever are released, the requirement of having to register as a sex offender wherever you live for the remainder of your life.
Call us now for a free case evaluation or simply fill out the contact form and we’ll get in touch with you.
What is Child Pornography?
Child pornography, also known as sexual exploitation of a minor, is defined as any visual depiction of sexually explicit conduct involving a minor. This type of sex crime encompasses a wide range of actions. It involves a variety of processes for knowingly creating and distributing sexually explicit images of children. This crime requires a level of knowledge and intent on the part of the offender. These processes usually begin with the solicitation of minors and end with individuals’ possession of sexually explicit images. Child pornography laws seek to criminalize each link in the chain.
In Arizona, a person can be charged with sexual exploitation of a minor for:
- Knowingly filming, recording, photographing, developing, or duplicating any visual depiction in which a minor (under 18 years of age) is involved in exploitive exhibition or other sexual conduct.
- Distributing, exhibiting, transporting, receiving, selling, purchasing, electronically transmitting, possessing, or exchanging such images.
If you have been charged, or are being investigated for a child pornography offense, it is important to educate yourself regarding your rights. It is highly recommended to seek legal help from a reliable Phoenix child pornography lawyer to review the details of your case and explain your legal options.
Penalties for Crimes Related to Child Pornography in Arizona
Arizona law states that you can be charged with sexual exploitation of a minor if you create, distribute, or possess child pornography, meaning any depiction of sexual abuse of a child, i.e. child pornography, is prohibited by Arizona and federal law. Different child pornography crimes carry different penalties under state and federal law.
Arizona’s penalties are some of the most stringent in the country. These consequences are quite severe and can have a significant negative impact on the offender’s life.
Sex offenders charged with child pornography offenses face a conviction and mandatory prison time with no possibility of early release. The severity and length of their sentence will depend on the amount of child pornography in their possession and the type of sex offense they have been accused of committing.
If you are convicted of child pornography, consult a credible Phoenix child pornography lawyer to help you evaluate your case and discuss your situation.
A conviction for child pornography comes with a minimum penalty of 10 years in prison time for each violation and registration as a sex offender. That means 10 years for possessing a single pornographic image, with each additional count (meaning each additional image) adding 10 more years to your sentence, which must be must be served consecutively.
If you have downloaded only 10 pictures depicting a minor engaged in a sexual act, you could be sentenced to 100 years in prison! Because a person with one image often has others, the potential sentence can run easily into several hundreds of years. Arizona prisons now house people who are serving sentences of several hundred years for possessing collections of images of child pornography!
Possible Defenses for Child Pornography
Child pornography cases should never be taken lightly. If you are facing a charge for possession of child pornography, seek legal advice from a competent Phoenix child pornography attorney to help you build a strong defense strategy based on various factors related to your case.
Here are some of the possible defenses that can be used to fight for your rights.
Unintentional Possession
Unintentional or unintended possession is one of the possible defense strategies that can be used against child pornography accusations. It’s possible that you have no intent to commit child pornography and that you were completely unaware of its existence. This signifies that you didn’t mean to have child porn in your possession, or that the prohibited material didn’t belong to you.
You may have been unjustly accused of having child porn in this situation.
Accidental Possession
If the child porn was uncovered on a shared drive or a pre-owned computer to which other people may have accessed without your knowledge, a defense of accidental possession of child pornography may be possible. The computer may have been hacked and infected with a virus or unwanted content without your knowledge or agreement.
Accidental possession of child pornography is not a crime if you did not do anything with the images, such as saving or distributing them.
The Content is Not Child Pornography
Under Arizona and federal law, certain requirements must be met for a material to be considered child pornography. Generally, the material must display nude children or minors in sexually explicit circumstances.
If there was no minor depicted in the image or video, then the content is not child porn. The prosecution must be able to prove that the subject of the material was under 18. In addition, drawings or paintings made for artistic and educational purposes are not considered child pornography.
Illegal Search and Seizure
Illegal search or arrest can be a possible defense against child pornography charges. In some cases, police may tend to lie to get a warrant to search and seize the source of child pornography. A defendant may be able to suppress evidence and obtain a dismissal of charges if the material that forms the basis of the charges was tainted and illegally obtained.
Psychological Addiction
Claiming a psychological addiction to child porn may not be a winning defense, but it is a possible means to minimize your sentence if you are convicted. In some cases, a sentence can involve a treatment program rather than imprisonment for persons suffering from a child porn addiction.
Highly Experienced Child Pornography Defense Lawyer
If you have been accused of creating, possessing, or distributing child pornography in Arizona, you owe it to yourself to hire the best Phoenix criminal defense lawyer you can find to represent you in fighting the charges.
Among the best in the state is Howard A. Snader, an Arizona Board Certified Criminal Law Specialist since 1995, with offices in Scottsdale and Phoenix. He has earned the highest possible AVVO rating (10-Superb) from his peers in the legal community and has succeeded in having child pornography charges dismissed or reduced for numerous clients being charged with sex crimes and other criminal offenses, along with many winning acquittals at trial. He may be your best hope of keeping your freedom and your life as you now know it.
Have you been investigated, questioned, or arrested and charged with having child pornography? If so, waste no time in calling the Snader Law Offices. Don’t add to your risk by failing to obtain top-rated legal counsel at the first sign that you are under investigation. Don’t offer the police any explanation or answer any questions without your Phoenix child pornography attorney present. It is your Constitutional right to remain silent, and you should do exactly that. Your future depends on it.
Your first consultation with Howard is free, and he offers convenient payment plans as well as accepts credit cards, so waste no time in calling for the help you need. Contact our criminal defense law firm now and schedule a free initial consultation.