What Is an Internet-Facilitated Sex Offense?
Arizona law recognizes that crimes once committed face-to-face can now occur through electronic devices. An internet-facilitated sex offense refers to illegal sexual conduct that takes place using the internet, a smartphone, or other electronic means.
These cases are aggressively prosecuted in the state, as simply exchanging messages or images online can lead to felony charges. Convictions often bring severe prison sentences and mandatory sex offender registration, so learning about how these offenses are defined and prosecuted is critical if you or a loved one is facing an accusation.
Examples of Internet-Facilitated Sex Offenses
Arizona statutes cover many different online behaviors that can lead to criminal charges.
Some common examples include:
- Luring a minor for sexual exploitation (A.R.S. § 13-3554): Using online platforms to persuade or invite a minor to engage in sexual conduct.
- Sexual exploitation of a minor (A.R.S. § 13-3553): Possessing, sharing, or producing sexually explicit images or videos of children.
- Sending explicit messages or images: Exchanging sexually explicit texts or other communications with someone believed to be underage.
- Arranging a meeting online: Attempting to set up an in-person encounter through digital communication.
- Using fake identities: Misrepresenting age or identity online to gain access to minors.
Importantly, law enforcement often uses undercover sting operations in these cases. A person may think they are communicating with a minor when, in fact, they are interacting with a police officer.
Penalties for Internet-Facilitated Sex Offenses in Arizona
The punishments for these offenses are some of the harshest in the state. Many qualify as dangerous crimes against children (DCACs), which come with mandatory prison terms.
For example:
- Luring a minor under 15 is a class 3 felony carrying 5 to 15 years in prison for a first offense.
- Sexual exploitation of a minor is usually a class 2 felony, with sentencing ranging from 10 to 24 years per count.
In addition to incarceration, convictions can lead to serious effects that go beyond the courtroom as well, including:
- Loss of professional licenses and career opportunities
- Difficulty finding safe housing or financial stability
- Immigration consequences for non-citizens
- Strained family and community relationships
As the stakes are especially high in these cases, it is all the more important to have a criminal defense lawyer on your side from the beginning.
Defenses You Can Raise to Internet-Facilitated Sex Offenses
The prosecution must prove guilt beyond a reasonable doubt, which is the highest burden of proof standard that exists in the law.
Depending on the facts of the case, several defenses may be available:
- Entrapment: If law enforcement persuaded or pressured you to commit an act you otherwise would not have, this defense might apply in certain circumstances.
- Lack of intent: The state must prove that the defendant intended to commit a sexual offense. Innocent or misunderstood communication may not meet this requirement.
- Mistaken identity: Online accounts can be hacked, shared, or misattributed. Proving that someone else was responsible can be a strong defense.
- Insufficient evidence: If the prosecution lacks reliable proof linking the accused to the alleged conduct, the charges cannot stand.
A defense attorney can evaluate the best defense(s) suited to the facts of your case, aiming for as favorable an outcome as possible.
Contact a Tucson Criminal Defense Lawyer to Set Up a Free Consultation
Being accused of an internet-facilitated sex offense is serious, but remember that an accusation is not the same as a conviction. You still have rights, including the right to defend yourself in court with an experienced attorney on your side.
If you’re facing these charges in Arizona, contact an experienced Tucson criminal attorney at Katsarelis Law Criminal Defense Attorneys today to schedule a free consultation. Your future is too important to leave to chance.
For more information, contact the Tucson sex crimes attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439