Phoenix Child Pornography Attorneys
Fighting to Protect Our Client's Freedom and Reputation
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. A child pornography 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.
Arizona prosecutors take a tough stance on child pornography charges, especially here in Phoenix, Arizona. However, a charge does not automatically mean a conviction; you have the right to defend yourself against such serious accusations. If you find yourself facing life-changing charges, 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, PLLC, our attorneys have handled several complicated and high-profile sex crime cases, and we are here to protect your rights and freedom. Our defense attorneys recognize 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 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 about your case, contact our law office or request a free consultation online today.
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. For example, distributing child pornography has the same severe legal ramifications for a defendant similar to the individual who originally produced the material.
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.
Due to the life-changing legal and societal consequences of a child pornography conviction, anyone facing charges must hire a defense attorney immediately. Child pornography charges will not go away on their own and can easily result in a lengthy prison sentence.
If you or a loved one are facing Arizona child pornography charges, contact our law firm immediately so we can professionally evaluate your case. Our legal team can analyze the state’s evidence to determine what legal strategies will best suit your needs.
What are 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 an 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.
What is 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. Sexual exploitation of a minor includes encouraging an underage victim to expose their genitals, anus, or female breast for financial or commercial gain.
Sexual exploitation of a minor 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 under 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 severe 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 will provide a more detailed description covering the penalties for sexual exploitation of a minor (both commercial and non-commercial). These penalties include 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.
How Do Multiple Child Pornography Counts Affect Sentencing?
What many individuals do not realize is that Arizona prosecutors have the legal authority to charge defendants with separate counts of child exploitation for each piece of child pornography they discover in their investigation.
For example, suppose the minor depicted is under the age of 15. The crime would be classified as a dangerous crime against children. The defendant could be charged for each piece of pornographic material discovered. Under state law, each video or picture is punishable by a minimum of 19 years in state prison.
Although each picture can be a separate count, the counts can be “stacked,” meaning that if the defendant is convicted, the sentences will run consecutively. Unlike current sentences that are served all at once, consecutive sentences run one after the other.
Arizona prosecutors generally like to charge defendants with a minimum of 10 counts of child exploitation. As a result, an individual can face a minimum of 100 years in prison. Due to severe penalties that can result from a conviction, such as a life sentence, anyone facing child pornography charges must seek legal representation immediately.
Our Phoenix sexual exploitation attorneys understand how multiple counts of child pornography can take away an individual’s freedom and reputation if proven guilty. The only way to avoid the harsh consequences of child pornography charges is to hire a Phoenix child pornography attorney who will stand up to prosecutors.
Contact Belén Law Firm, PLLC, today to schedule a meeting with a child pornography attorney so we can begin working on your case.
What are Other Legal Implications of a Child Pornography Conviction?
Aside from the criminal penalties that can result from a child pornography conviction, there are several other legal implications that individuals must deal with. Under Arizona law, individuals convicted of exploitation of a minor must register their names on the state’s Sex Offender Registry.
Individuals on the sex offender registry must provide their address, where they are employed, and vehicle information. Failure to register or update information can result in a new felony conviction, which could be punishable by a lengthy prison sentence and hefty fines. Individuals on the sex offender registry are also subject to residency restrictions, which prohibit them from living near schools, daycares, or other areas where children might be present.
Other personal implications include offenders being unable to visit with their own children and possibly being barred from entering their school. Another legal implication includes the inability to obtain gainful employment, as most employers are hesitant to hire individuals who have been convicted of child pornography charges.
One of the most significant ramifications of being convicted of child exploitation is the damage to an individual’s reputation. Our criminal defense law firm recognizes the gravity of a child pornography conviction and the impact it can have on your life. Regardless of whether your case is going to be tried in state or federal court, our attorneys have the training and experience to help you fight child pornography charges.
When Can a Person Face Federal Child Pornography Charges?
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, suppose you use the United States Postal Service (USPS) or any other common mail carrier to send child pornography across state or international borders. In that case, 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 does not mean they will be cleared of the charges at the state level. If federal prosecutors get involved, the defendant may 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.
What Should I Do if I Think I May Be Arrested for Child Pornography?
Many individuals are arrested for child pornography and make the critical mistake of thinking they can talk their way out of the charges. However, once law enforcement authorities come to arrest you for exploitation of a minor charge, there is no changing their minds.
Whether you have been arrested or believe that an arrest is imminent, you must hire a child pornography defense attorney immediately. Police often use various tactics to try to evoke a confession. One of the most commonly used is to lie about the evidence they have to scare defendants into confessing. Other frequently used tactics include trying to downplay the crime’s severity or insinuating that if an individual confesses, they will receive a lesser sentence. However, it is essential to remember that the police can use deception to obtain the information they need to build a strong case.
The best action to safeguard your rights is to exercise your right to remain silent and ask for an attorney. Once you ask for an attorney, the police must stop questioning you unless you agree to speak with them later.
Having a criminal defense lawyer present during questioning will ensure that your Constitutional rights are protected and that you do not inadvertently incriminate yourself. Additionally, when you have an attorney with you, the police cannot use traditional interrogation methods to try to coerce confusion.
Belén Law Firm, PLLC, has a proven record of defending clients and ensuring they are treated fairly by the police. Our attorneys are available 24/7 and ready to help.
Are There Any Legal Defenses for Child Pornography Charges?
Child pornography charges are serious, but do not give up hope; there are legal defenses available to fight the allegations. At Belén Law Firm, PLLC, 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 Should I Choose a Phoenix Child Pornography Defense Attorney From Belén Law Firm, PLLC?
If you have been charged with child pornography, selecting the right Phoenix lawyer for your case is critical to successfully navigating this complex and highly sensitive area of law. At Belén Law Firm, PLLC, we stand out among the rest due to our extensive experience and deep understanding of 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, PLLC means you can access around-the-clock support and various potential defenses that may apply 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, the Belén Law Firm, PLLC team will be your fiercest advocates, dedicatedly and compassionately guiding you through this difficult time.
Why Should I Trust Your Phoenix Criminal Defense Attorneys to Defend Me Against Child Pornography Charges?
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 legal issues involving child pornography cases, everyone seems to automatically determine that defendants are guilty. 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, PLLC, 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 will 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 below to get started.
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