Child Pornography Defense Attorney
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Phoenix Child Pornography Attorney
Possessing child pornography, also known as the sexual exploitation of minors, is a serious crime that carries significant ramifications in Arizona and across the country. This offense involves any material that depicts a sexual act involving minors, and catching those who possess, view, distribute, or engage in any way with this type of material has always been a prominent focus of law enforcement on local, state, and federal levels alike.
Needless to say, the prosecution of child pornography cases is severe, especially here in Phoenix, Arizona. However, a charge does not automatically mean a conviction, and you do have the right to defend yourself against such serious accusations. If you find yourself in such a situation, the best thing you can do for yourself is seek the help of an experienced Phoenix child pornography defense lawyer as soon as possible.
At the Belén Law Firm, our attorneys have handled a number of complicated and high-profile sex crime cases, and we are here to help you, too. We know the gravity of such a charge and the long-term impact it can make on your life, and we believe everyone deserves a chance to tell their side of the story. With years of experience handling both state-level and federal cases, Attorney Belén and her dedicated legal team have what it takes to secure the best possible outcome in such a challenging and highly sensitive area of law.
To speak with a skilled Phoenix child pornography lawyer regarding your case, call (602) 715-0908 or reach out online today for a free consultation.
What is Considered Child Pornography?
Any visual portrayal of a minor participating in what the law refers to as “exploitive exhibition” or otherwise sexual behavior is considered to be child pornography. As mentioned before, this can include possessing, recording, receiving, selling, buying, duplicating, electronically transmitting, or exchanging any visual depiction of child pornography. Just because someone did not take the photo or video themselves or did not have any personal contact with the minor in question does not lessen the severity of the crime.
Regardless of the format of the pornography, such as hard copy photographs or digital videos and images, the laws against sexual exploitation of a minor will still apply, and the penalties can be extremely severe if convicted.
Arizona Porn Laws
Although state child pornography laws were designed to protect children and minors, those under the age of 18 are not completely immune to these laws, either. We see this a lot with the rise of “sexting,” where two consensual minors exchange nude images between each other.
In many cases, this is still considered child porn, and both the underage sender and the underage recipient of a pornographic image may face criminal charges under Arizona’s sexting laws. If the selfie is shared online or by direct sharing among the minor’s social circle, anybody who distributed or received the photo might also face juvenile criminal charges in Arizona.
Sexual Exploitation of a Minor in Arizona
Arizona’s child pornography laws can be found under ARS § 13-3553. According to the statute, a person commits sexual exploitation of a minor if they knowingly:
- Record, film, photograph, develop, or duplicate a visual depiction of a minor engaging in exploitative exhibition or any type of sexual conduct;
- Distribute, transport, exhibit, receive, sell, purchase, electronically transmit, possess, or exchange visual depictions of a minor engaged in exploitative exhibition or other sexual conduct; OR
- Possess, manufacture, distribute, advertise, order, offer to sell, sell, or purchase a child sex doll that uses the face or likeness of an infant or minor under the age of 12.
The state typically classifies the sexual exploitation of a minor as a Class 2 felony offense, but the penalties increase if the exploited minor is under the age of 15, in which case the offense will be charged as a Dangerous Crime Against Children in Arizona, punishable pursuant to ARS § 13-705.
Commercial Sexual Exploitation of a Minor in Arizona
ARS § 13-3552 is another statute that covers child pornography, though this section covers the commercial exploitation of a minor. An individual may be charged with this serious offense if they use, employ, persuade, entice, induce, or coerce a minor to participate in an exploitative exhibition or sexual conduct for the purpose of producing a visual depiction or live act. This includes encouraging a minor to expose his or her genitals, anus, or female breast for financial or commercial gain.
It also includes:
- Permitting a minor in their custody/control to engage in or assist others in such conduct;
- Transporting or paying for the transportation of a minor with the intent that they engage in such conduct or for child prostitution purposes; AND
- Using an advertisement for prostitution containing a visual depiction of a minor.
If the minor in question is 15, 16, or 17, the offense is charged as a Class 2 felony. If they are below the age of 15 and the perpetrator is 18 or older, the offense is penalized under the Dangerous Crimes Against Children (DCAC) statute.
What are the Penalties for Child Pornography in Arizona?
When it comes to child pornography (aka sexual exploitation of minors), Arizona law carries some of the strictest penalties in the country. An adult convicted of possession of child pornography faces serious penalties, such as:
- Anywhere from 3 years to life in prison
- Hefty monetary fines
- Registration as a sex offender
- Extensive probation with sex offender terms
- Required electronic monitoring device
- Loss of employment
- Restricted access to children, including your own
Below, we’ll provide a more detailed description covering the penalties for sexual exploitation of a minor (both commercial and non-commercial). This includes the mandatory minimum sentence as well as the maximum possible sentence:
- First-Degree DCAC Involving Commercial Sexual Exploitation of a Child (with a historical prior): Natural life imprisonment with no possibility of release
- First-Degree DCAC Involving Commercial Sexual Exploitation of a Child (first offense): 13 – 27 years in prison
- Commercial Sexual Exploitation of a Minor Between Ages 15 and 17 (first offense): 13 – 27 years in prison
- First-Degree DCAC Involving Sexual Exploitation of a Child (first offense): 10 – 24 years in prison
- Sexual Exploitation of a Minor Between Ages of 15 and 17 (first offense): 3 – 12.5 years in prison
Keep in mind that most of the AZ child porn penalties listed above are for a first offense and any subsequent offenses on your record can significantly enhance your penalties, especially if the crime is considered a Dangerous Crime Against Children. These intense penalties highlight the importance of seeking the help of an experienced Phoenix child pornography lawyer ASAP to mitigate the potential consequences you may be facing.
Federal Child Pornography Cases
Child pornography is heavily prosecuted under both state and federal laws, but when exactly do these offenses cross over from state to federal charges? Under federal law, possessing child pornography becomes a crime at the federal level when it involves interstate or foreign commerce. For example, if you use the United States Postal Service (USPS) or any other common mail carrier to send child pornography across state or international borders, you may face charges in federal court. Another example might be if the computer, device, or material used to view, possess, distribute, etc., traveled across state lines or international borders.
Being convicted of a federal crime can be a terrifying aspect, as these penalties can be even more severe than those found at the state level. For example, a first offense of transporting child pornography across states or in/out of the country may result in at least 5 and up to 20 years in prison. For the production of child pornography that violates federal law, you may be looking at a 15-year minimum and 30-year maximum prison sentence.
It’s also important to note that just because someone may face federal charges, it does not mean they will be cleared of the charges at the state level. If federal prosecutors get involved, it is possible that the defendant will face both state and federal charges simultaneously. If you find yourself facing federal child porn charges, Arizona federal criminal lawyer Belén Olmedo Guerra can help fight for your future.
Defenses for Child Pornography Charges
Child pornography charges are very serious, yes. But don’t give up hope – there are defenses available to you. At Belén Law Firm, some of the possible defenses our sex crime defense lawyers may explore to poke holes in (or completely dismantle) the prosecution’s case include:
- Coerced confessions
- Insufficient evidence
- A violation of your Constitutional rights, such as illegal search and seizure or failure to obtain a search warrant
- False accusations
- Accidental viewing
- Faulty tracking software
- Unintentional possession (pornography was unknowingly on a shared computer)
- No minor was actually depicted in the image or video in question
Depending on the facts of your case, more defenses may be available to you. Contacting an experienced Phoenix criminal defense attorney at our firm and providing the specific details of your case can allow for more personalized defense strategies.
Why Choose Belén Law Firm as Your Phoenix Child Pornography Defense Attorney?
If you have been charged with child pornography, selecting the right Phoenix lawyer for your case is critical when it comes to successfully navigating this complex and highly sensitive area of law. At Belén Law Firm, we stand out among the rest due to our extensive experience and deep understanding of both the state and federal nuances involved in these cases. We are dedicated to providing an aggressive defense, meticulously examining every aspect of the charges and the evidence against you.
Choosing a Phoenix child pornography attorney from the Belén Law Firm means you will have access to around-the-clock support and a variety of potential defenses that may be applicable to your case. A child pornography lawyer at our firm will work tirelessly to protect your rights and strive for the best possible outcome, whether that involves negotiating reduced charges, seeking alternative sentencing options, or preparing a vigorous defense for trial.
Rest assured, you can trust the team at Belén Law Firm to be your fiercest advocates, guiding you through this difficult time with dedication and compassion.
Contact a Skilled Phoenix Criminal Defense Attorney at Belén Law Firm Today for a Free Consultation
Regardless of the accusations against you, you always have the right to be presumed innocent until the state of Arizona proves its charges. Unfortunately, when it comes to things like child pornography cases, everyone seems to automatically determine guilt. You need someone on your side who will look into every aspect of your case and work tirelessly to prove your innocence. That person is experienced criminal defense attorney Belén Olmedo Guerra.
Contact the Belén Law Firm today to discuss your child pornography case. We offer free case evaluations and are available to speak to you 24/7. After we review your case, we’ll give you an overview of what to expect and subsequently provide you with an aggressive criminal defense team to put up a strong fight against your Arizona child pornography charges.
You can reach us by calling (602) 715-0908 or filling out the intake form found below to get started.
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