Child Pornography Defense Attorney

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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:

  1. Recording, filming, photographing, developing, or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
  2. 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.

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