Possession of child pornography, sometimes referred to as sexual exploitation of children, is a severe felony with serious consequences. On a local, state, and federal level, child pornography has long been a major focus of police departments. However, technology is now more prevalent than ever before. With widespread use of the Internet, online chat rooms, social media, and more, these types of crimes are even more highlighted. If you face charges like these, you need a child pornography lawyer right away.
At Ybarra Maldonado Law Group, our Phoenix criminal defense attorneys have the skill and aggressive representation to help countless clients. Because of the severity of prosecution, you need an attorney who can present you with multiple defense options.
If you face child pornography charges, you need a qualified Phoenix sex crimes lawyer. Call our Phoenix office today at (602) 905-9299 or fill out our online intake form today.
Arizona Pornography Laws
Arizona has some of the toughest regulations against child abuse and pornography in the country. Both are felony crimes. People convicted of crimes against children sometimes spend decades in jail with no hope of ever being released.
Child pornography laws in Arizona are governed by a comprehensive legislation. Child pornography, often known as child exploitation or sexual exploitation of minors, encompasses a wide range of actions. “Recording, filming, photographing, developing, or reproducing any visual depiction in which a juvenile is involved in exploitative display or other sexual behavior,” according to Arizona law, is illegal.
State law classifies child pornography as a Class 2 felony. Each conviction for having a picture or committing a sex act carries a sentence of ten years in jail. In other words, a criminal will be sentenced to ten years in prison for each and every pornographic photograph. You might face a sentence of 50 years in jail if you downloaded five photos.
If you are convicted of pornography or child molestation in Arizona, you will face a lengthy jail sentence. However, there are potential safeguards in place. It is a defense to the charge if a lawyer can prove that the defendant had no idea what they were doing.
What Is Considered Child Pornography?
According to ARS 13 3553, the operational offense for child pornography is sexual exploitation of a minor. Any visual portrayal of a youngster participating in what the law refers to as an exploitive display or other sexual activity is deemed child pornography. Specific actions include knowingly doing the following with visual depictions of minors performing sexual or exploitative acts.
Possessing
Recording
Filming
Duplicating
Receiving
Selling
Buying
Electronically transmitting
Exchanging
At the end of the day, no matter the format the material is in, it is still child pornography under the law. The lack of any form of sexual intercourse is not a legal defense.
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What Are the Penalties for Child Pornography in Arizona?
If you are convicted of child pornography, you will almost certainly face harsh consequences. Sexual exploitation of a juvenile is a class 2 felony. If you face conviction for sexual exploitation of a minor or commercial sexual exploitation of a minor, you will face the following penalties:
The minor is between ages 15 and 17:
Minimum 3 years in prison and maximum 12.5 years in prison
The minor is under the age of 15
Minimum 10 years in prison and maximum 24
Dangerous Crimes Against Children: ARS 13-705
Arizona has a specific set of laws and penalties for dangerous crimes against children. ARS 13-705 outlines which crimes fall in this category in which the victim is under the age of 15. Convictions for these serious crimes committed against children result in lengthier and tougher jail sentences. If someone commits the same crime against an adult, their punishment will be less severe. Below, we include the criteria for what counts as a dangerous crime against a child.
An eligible crime
Defendant is at least 18 years old or tried as an adult for their offense
Victim is 15 years old or younger, or an unborn child, and it is reasonable that the defendant knew their age
When facing a charge for possession or distribution of child pornography, it’s important to understand the possible defenses. We list some of the tactics a Phoenix criminal defense attorney might employ.
Unintentional Possession
Unintentional possession, often known as unintended possession, is one possible defense tactic when facing child porn accusations. This means you didn’t intend to have child porn in your hands, or the banned content wasn’t yours to begin with. It’s possible you were completely unaware of its existence.
When child porn is uncovered on a shared drive or to which others aside from you may have accessed without your awareness, an accidental child porn defense may apply. When a computer is utilized for work, for example, this may be the case. Another individual may have acquired child porn for themselves in this situation, and then blamed you for it. It’s also conceivable that you utilized an unprotected or public network, allowing others to access child pornography without your awareness.
In order to frame you for the offense, an enraged spouse, ex-spouse, lover, ex-lover, coworker, or employee may upload child pornography onto your computer. An individual like this may alert the authorities to the presence of the content on your computer. You might be unjustly accused of having child porn in this situation.
Another important consideration is if the computer you bought was used or pre-owned. If this is the case, a defense of accidental possession of child pornography may be possible. With the aid of a computer forensics specialist, a skilled child pornography lawyer can clarify this. They can detect when the item was downloaded and, in some cases, decide that you could not have downloaded it.
Accidental Possession
As you may be aware, the Internet can be a dangerous place, and your computer might be infected with a virus, spyware, spam, or other unwanted content without your knowing or agreement. Without your knowledge or agreement, a hacker may be able to upload child porn or other unlawful pictures to your computer.
Numerous people are unaware that they have a large number of files on their computer. Unintentional possession of child pornography might be a legitimate defense.
Illegal Search and Seizure
An allegation of an unlawful search or arrest is another viable child porn defense. Police frequently commit procedural mistakes that infringe on a person’s fundamental rights under the Fourth Amendment. If material was obtained improperly by police, regardless of your culpability, your defense counsel can claim that it is inadmissible as evidence. This means that they cannot use this evidence against you.
Police have been known to lie to get a warrant to confiscate a computer or other sources of child pornography. Alternatively, police may examine computers or sealed containers that were not expressly specified in the search warrant, going further than the scope of the request.
Entrapment
A related child porn defense is alleging police entrapment, which occurs when authorities coerce you into committing a child porn violation you would not have committed otherwise. Your argument is that if the police hadn’t approached you and encouraged you to conduct the crime, you would not have done so.
Police may also entice people to acquire video that isn’t plainly child pornography and isn’t marked as such, and then arrest them for making purchases they didn’t realize was child pornography. When police conduct a child pornography sting operation, they frequently entrap numerous people, not all of whom are culpable, in a broad net.
Not Child Pornography
Under Arizona and federal law, child pornography has precise criteria. These requirements must be met for something to be classified as child porn. Typically, this implies that the material must show nude children or minors in sexually explicit circumstances.
If those in the content in question are actually 18 or older, the content is not child porn. Therefore, the prosecution must prove that those in the material are under the age of 18. It might also be possible to argue that, because the material involved someone who was your spouse and no more than two years younger than you, it was not child porn.
Psychological Addiction
While claiming a behavioral addiction to child porn isn’t a viable defense, it can help you get a lighter sentence if you’re convicted. Persons struggling with a child porn addiction may be sentenced to a treatment program rather than being imprisoned in specific instances.
Contact a Phoenix Child Pornography Lawyer Today
Accusations of child pornography carry with them both harsh penalties and a heavy stigma. That’s why you need only the best defense for your case. At Ybarra Maldonado Law Group, we fight aggressively for our clients, both in and out of the courtroom. We employ a wide range of defenses and gather as much evidence as possible to either exonerate you or lessen the penalties.
To schedule a case evaluation with an experienced Internet sex crimes lawyer, please call our office at (602) 905-9299 or fill out our online intake form.
