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Child Pornography Defense in Phoenix, AZ

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The possession of child pornography, also known as sexual exploitation of minors, is a serious crime that carries significant ramifications. Child pornography has always been a prominent focus of law enforcement on a local, state, and federal level. However, the focus surrounding these crimes has become even more notable as the internet, social media, chat rooms, and other technologies continue to develop and grow in popularity.

Needless to say, the prosecution of child pornography cases is severe, especially in Arizona. However, in certain circumstances, there are viable defenses that may be available to you. Contact Belén Law Firm’s skilled Phoenix child pornography defense lawyer to find out where you stand and what defenses may be plausible for your case.

Arizona Porn Laws

Sexual exploitation of a minor is a class two felony under ARS 13-3553. This law states the following:

A person commits sexual exploitation of a minor by knowingly:

Recording, filming, photographing, developing, or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing, or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

If the defendant is 18 or older and is prosecuted as an adult, and the exploited minor is under the age of 15, the offense is punished under ARS 13-705. This section deals with definitions of and sentencing for dangerous crimes against children.

Although state child pornography laws were designed to protect children and minors, children under the age of 18 are not completely immune to these laws. In many cases, both the underage sender and the underage recipient of a pornographic image may face criminal charges. If the selfie is shared online or by direct sharing among the minor social circle, anybody who distributed or received the photo might face charges under juvenile criminal statutes in Arizona.

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 the person 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, digital videos and images, and more, the laws against sexual exploitation of a minor will still apply.

What are the Penalties for Child Pornography?

The Arizona law against sexual exploitation of minors is quite broad, and it encompasses a wide variety of even the most seemingly “innocent” conduct. For child pornography and selfies, our state has some of the toughest laws in the country. An adult convicted of possession of child pornography faces serious penalties, such as:

Anywhere from 10-24 years in prison with no possibility of early release
Hefty monetary fines
Registration as a sex offender
Extensive probation
Required electronic monitoring device
Loss of employment
Restricted access to children, including your own

Defenses for Child Pornography

Child pornography charges are very serious, yes. But there are defenses available to you. At Belén Law Firm, some of the defenses we may explore include:

Coerced confessions
Illegal search and seizure
False accusations
Accidental viewing
Faulty tracking software
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 and providing the details of your case can allow for more personalized defense strategies.

Contact Belén Today for a Free Initial 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 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. You can reach us by calling 602-715-0908 or filling out the form found below.

Set Up Your Free Consultation

What Our Clients Say

"We first hired Belen and her highly esteemed team of expert litigators. For her integrity and professionalism, but during the course of our representation, we gained a degree of personal trust and reliance far exceeding our expectations. Belen demonstrated an amazing level of genuine care and compassion and an implicit desire to keep us informed and knowledgeable of each step in the process. She is a diligent and hard worker and leaves no stone unturned. Our representation was nothing short of brilliant, creative and successful! She is without a doubt the Lady I want in my corner. I would HIGHLY recommend her to anyone interested in winning their case with the least amount of headaches throughout the process."

"Belén is hands down the BEST defense attorney out there. She has the heart, compassion, determination, backbone and most of all, the desire to help her clients. Belén’s expertise and experience helped mitigate our case to receive a reduced sentence. She spent thousands of hours over the year and a half she represented our family to challenge the prosecution at every corner and on every angle. She went above what most attorneys do by hiring her own experts and investigators to ensure she went to battle fully loaded. Due to her dedication, determination and commitment, my family felt extremely satisfied and confident that she obtained the best outcome with a reduced sentence. Belén is a stand up human being who, not only represented our family, but became family. If you want the best defense attorney, Belen is your choice!"

"At a time where we felt helpless and, quite frankly traumatized, Belen stepped in and reassured us that we had options and assured us she would work her hardest for a satisfactory resolution. My teenage son needed defense against law enforcement and my family needed legal advice and support in the worst way. Despite being beaten black and blue by police officers that said he was resisting arrest, they also charged him with two felonies. We were all at a loss and Belen was able to keep us grounded as we went through the process explaining every step along the way. She worked extremely hard to expose the truth about the officer involved, and because of her hard work, the felonies were dropped. My son can go on with his life without having his record and character tarnished by these unjust accusations."

"Hire this one! I spoke to several firms before using Belen. Every other firm connected me to a sales person who refused to allow me to speak with an attorney. Belen was put on the phone when I called at 7pm on a Saturday. Belen cared about my son. He had a warrant for his arrest and did not know until he was pulled over and hauled off to jail. Belen went to the jail on Saturday, stood with my son in jail in front of the jailhouse court judge and told that judge how it was. My son walked out 2 hours later without paying for bail. The following week, she called the prosecutor and was able to get the plea reinstated from years prior that resulted in the case being fully dismissed. Also, her fees for everything were lower than the other attorneys who were trying to get me to pay over the phone. I highly recommend Belen!"

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