In Arizona, the sexual exploitation of a minor also known widely as child pornography is considered a serious crime. If you're found guilty of this offense, you will have to serve a mandatory prison term and register as a sex offender for the rest of your life in addition to other legal repercussions.
Convictions for sex crimes can have lifelong repercussions for the individuals involved. It could be difficult for you to secure housing and work, and you could face stigmatization from other people within your community. If you have been charged with sexually exploiting a minor, you can seek assistance from our sex crimes attorney at the Phoenix Criminal Attorney as early as possible.
What Does "Sexual Exploitation of a Minor" Mean Under Arizona Law?
In Arizona, possessing what is generally referred to as "child pornography" is illegal under Arizona Revised Statutes 13-3553. However, the word used by Arizona state laws is the "sexual exploitation of a minor." It's among the most heinous offenses committed in Arizona.
Any "visual depictions" of minors engaging in what Arizona law refers to as an "exploitive exhibition" or similar sexual activity is regarded as child pornography.
Under Arizona Revised Statutes section 13-3553, certain actions are considered child pornography, including:
- Possessing.
- Filming.
- Recording.
- Receiving.
- Duplicating.
- Buying.
- Selling.
- Exchanging.
- Transmitting electronically.
Any visual depictions showing a child engaging in sexual activity or an exploitative exhibition.
Whenever it concerns the sexual exploitation of minors, the principal element includes the depiction, in whatever form (a physical picture, a digital file, etcetera.), which is probably covered by the law. Additionally, proving that there wasn't any real intercourse, for instance, might not serve as a legal defense in some cases.
Important Terms and Definitions
It's crucial to understand the following concepts, especially if you've been accused of sexual exploitation of minors:
Visual Depiction
Visual depictions are defined by Arizona's child sex statutes as any images, contained in films (undeveloped or developed), a picture, or any information (saved in any format) that has the potential of being turned into a visual image. These can all be considered examples of visual depictions.
Exploitive Exhibition
According to ARS 13-3551(v), the exploitive exhibition is the display of one's genitalia, or the rectal region to sexually gratify those watching. The exhibition must be simulated or actual to be encompassed under the law; for instance, it could be a portrayal of the genitalia that indicates sexual activity is taking place or is going to take place.
Sexual Conduct
This refers to simulated or actual:
- Sexual activity involving individuals of opposite or same sexes.
- Penetration with an object in the rectum or vagina.
- Masturbation.
- Sexual bestiality,
- Defecation.
- Sadomasochistic abuse.
Arizona's Legal Age of Consent
The legal consent age in Arizona is eighteen years old, according to ARS 13-1405. This implies that a minor—and theoretically, a child—cannot voluntarily consent to having sexual relations with an adult before they are 18.
For this definition, "minor" refers to any individual or group of individuals who were younger than eighteen years old at the time an image was produced, adapted, or altered. Keep in mind that regardless of whether someone keeps several prohibited visual depictions in one gadget, hard drive, or DVD they will still be held accountable for every depiction found.
Dangerous Crimes Against Children
When a significant crime specified in ARS section 13-705 is perpetrated against a minor under 15, it is considered a dangerous crime against that child. When people 18 years of age or older are found guilty of sexually abusing a minor, ARS section 13-705 imposes severe mandatory minimum terms.
If certain acts are considered to be dangerous crimes against children, the legal penalties that are imposed on the perpetrator are even more severe than those that are imposed for other types of felony crimes that aren't charged under this category.
The term "dangerous crimes against children" also encompasses a wide range of acts, such as child molestation, sexual assault, sexual relations with a child, and sexual abuse, among other similar offenses. Even for a first-time offender, there is a statutory minimum prison sentence if you are found guilty of an offense considered a dangerous crime against a child.
Commercial Sexual Exploitation of a Minor Under ARS 13-3552
The commercial sexual exploitation of minors, as defined by ARS section 13-3552, is a different criminal offense in Arizona from child pornography generally.
This crime, which is classified under Class 2 felonies, basically entails creating child pornographic material for commercial purposes and using it to your advantage through advertising, coercion of the minor, funding, or other means. In addition, any advertisements for prostitution that feature a child as a model are considered commercial sexual exploitation of that minor.
Penalties For Sexual Exploitation of a Minor
Arizona classifies a child pornography criminal offense as a Class 2 felony. This is the most serious category of felony, falling only behind crimes like murder in terms of severity. Being found guilty of sexual exploitation of children can be equivalent to receiving a life sentence due to the mandatory penalties as well as the prosecutor's discretion to file more counts against the perpetrator.
If the child featured in the pictures falls between the ages of fifteen and seventeen, the offenses are classified as Class 2 felonies and not dangerous crimes against children. Penalties for Class 2 felonies include the following, based on the offender's previous felony convictions:
- 3 to twelve and a half years for a first-time felony offense.
- 5 to twenty-three years in prison for a second felony crime.
- 5 to thirty-five years for a third felony charge.
However, charges involving the sexual exploitation of minors typically entail material depicting children younger than 15 years old. When minors under the age of 15 are depicted, the offenses are classified as dangerous crimes against children. The penalty for each image is as follows.
- The range of possible sentences per image is ten to twenty-four years behind bars.
The prosecutor's office will often prosecute the defendant with ten different charges of the sexual exploitation of minors, and these charges could be piled over each other if necessary. This indicates that the jail sentences will be served consecutively rather than concurrently (referred to as "concurrent" sentences).
A person convicted of sexual exploitation of minors on ten separate occasions faces a statutory minimum of ten years for each offense, an overall term of one hundred years imprisonment, which is a life sentence.
Sex Offender Registration in Arizona
If you have been found guilty of the sexual exploitation of a child, you have to register yourself as a sex offender under ARS section 13-3821. You'll have to go through an evaluation for sexual offenders and register yourself for life.
By registering yourself as a sexual offender, you consent to publish your address, photo, offenses, and other details on an online platform that is open to the general public. You may also be subject to further restrictions. If you are a convicted sex offender and still fail to register with the appropriate authorities, you could be convicted of another felony and sentenced to additional time in prison.
Multiple Sexual Exploitation Charges
Depending on the number of photographs involved, it's possible to be charged with numerous offenses in a single case, which means you could have to serve more than a single 10-year term consecutively. If you deliberately replicate, photograph, develop, record, or film a minor engaged in sexual activity, you could be charged with the sexual exploitation of that minor.
Having any visual portrayal of a minor engaged in sexual conduct, whether possessed, exchanged, electronically transmitted, sold, purchased, exhibited, received, distributed, or transported can result in the same offense.
The Age of the Victims
In Arizona, the age of the victim determines the severity of the sentence imposed for sexually exploiting a minor. If the victim is under the age of 15, the incident will also be classified as a dangerous crime against the child, a highly serious criminal offense.
There is a mandatory minimum of ten years in jail for a first crime and a maximum of twenty-four years for subsequent convictions. If you have a criminal record, sexually exploiting a minor could result in a sentence of between twenty-one and thirty-five years in prison.
Offenders convicted of a dangerous crime against a child must complete their whole prison term before being eligible for parole. In simple terms, you cannot serve the sentences concurrently; they should be served one after the other.
Sexual Exploitation Over the Internet
As technology becomes increasingly widespread in everyday life, so does the risk of unintentionally encountering harmful material. There are instances when you might not know what it is you've clicked on, including random websites and spam messages. In Arizona, exploiting a minor over the internet can refer to a wide variety of online acts, including unintentional ones.
The law that addresses the exploitation of minors is fairly comprehensive. Anyone who obtains, electronically conveys, transports, purchases, sells, creates, copies, pictures, records, or films a visual representation of sexual contact with a minor could be charged with this crime.
If you have been charged with sexually exploiting a minor in Arizona, it's crucial to consult with a qualified lawyer who can assist you in defending yourself against any possible legal consequences.
Legal Defenses to Sexual Exploitation of Minors Charges
Many child pornography instances, especially those under investigation by the authorities, involve online usage. By definition, this requires the use of computers and other related software.
Additionally, the ages of the purported victims are always a factor in cases of child pornography and sexual exploitation of children. This means that there could be a wide range of potential defenses that could prove relevant to your particular case, including but not limited to those involving false allegations, coerced confessions, unlawful searches, and seizures, etcetera.
The key to winning your case is knowing which defenses to use. To decide the appropriate defense approach to use, your defense attorney will thoroughly review the relevant facts and supporting evidence. There are a variety of possible defenses you could assert in court, but those that are effective will rely on the specifics of your situation.
Below are a few examples:
Software Flaws
Law enforcement investigators often use sophisticated computer programs to track child pornography materials. These methods are designed to track pornographic material in certain places, including specific devices. There could be cases in which the software incorrectly detects and traces pornographic material to a device with no pornographic content present.
In other instances, the inability of the prosecution to adequately describe how the program operated hurt the police's capacity to defend the constitutionality of the operation which resulted in the confiscation of the relevant computer files.
You Used a Public Computer
It's not uncommon for multiple people to share a single computer. Sometimes these persons are acquaintances or family members, but the offense of sexually exploiting minors demands that certain conditions be met, such as knowing ownership of the illegal materials.
The prosecutor must prove all elements of the crime beyond a shadow of a doubt, including the knowing factor. Having a child pornographic picture on a device that four individuals have access to is not enough evidence to prosecute anyone for this offense.
You Viewed the Material By Accident
A person is not automatically guilty of sexually exploiting a minor under ARS section 13-3553 just because they received an image they didn't want to. Since the State of Arizona must demonstrate that you willfully accessed child pornographic material to convict you of the crime, the unintentional viewing of that material is not automatically considered a crime.
Virtual Child Pornography
Pictures that seem to be genuine but are digitally altered versions of those photos cannot depict actual kids or children actively engaging in conduct that the law forbids. This means that in Arizona, cyber-based forms of child pornography are not illegal.
No Children Were Shown
If an image seems to represent an underage person does not prove that the individual in question was a minor. Similarly, regardless of the specific charges brought forward, any child exploitation sentence could be impacted by the presence of photos depicting a minor to whom dangerous crimes against a child don't apply.
Of course, the specifics of your case will determine whether or not you can raise any other defenses. You may be able to build a stronger defense by consulting with a child pornography attorney who is familiar with your particular case.
Related Offenses
3 types of sexual offenses are related to sexually exploiting a child. They include:
- Luring a child under Arizona Revised Statutes 13-3554.
- Having sexual contact with a child under Arizona Revised Statutes 13-1405.
- Child molestation under Arizona Revised Statutes 13-1410.
Luring a Child
In Arizona, it is illegal to entice (or propose or request for) a sexual relationship with someone else while being aware or having cause to believe that they are a minor under the provisions of Arizona Revised Statutes 13-3554. Under ARS section 13-3553, anyone below 18 is considered a minor under this law.
Sexual Contact With a Child
It is a violation of Arizona Revised Statutes 13-1405 and a criminal offense in the state of Arizona to deliberately or knowingly engage in sexual relations or oral sex with a person who is below the age of 18. Any visual portrayals of this kind of sexual conduct on a minor would be considered child pornography.
Child Molestation
Arizona Revised Statutes 13-1410 criminalizes knowingly or deliberately engaging in sexual relations with a minor who is below 15, or to cause another person to be involved in sexual conduct with such a minor. A breach of this law constitutes a Class 2 felony, similar to ARS section 13-3553.
In Arizona, the sexual exploitation of a minor also known widely as child pornography is considered an extremely serious crime. If you're found guilty of this offense, you will have to serve a mandatory prison term and register as a sex offender for the rest of your life in addition to other legal repercussions.
Convictions for sex crimes can have lifelong repercussions for the individuals involved. It could be difficult for you to secure housing and work, and you could face stigmatization from other people within your community.
If you have been charged with sexually exploiting a minor, you need to seek assistance from a sex crimes attorney at the Phoenix Criminal Attorney as early as possible.
Find a Phoenix Criminal Defense Lawyer Near Me
The offense of sexually exploiting children is a serious crime. However, there are certain legal defenses that can be used in a particular case. In addition, there may be doubts as to whether or not the conduct in question even comes close to fitting the definition provided by the statute. A seasoned child pornography attorney can tell you where you stand legally and what legal defenses can apply to your case.
Phoenix Criminal Attorney provides a free, no-obligation consultation with a child pornography defense attorney that will review your case and represent you. Call us today at 602-551-8092.
