Child Pornography Charges Defense

In Arizona, sexual exploitation of a minor is part of child pornography crimes and is a severe offense. To show its severity, one Arizona respondent got condemned to 200 years in jail without the chance of parole for having 20 pictures of child porn.

The state prohibits three acts regarding child pornography: recording, possessing, and distributing. In simple terms, if you intentionally film or record child pornography, distribute it to other people, or possess it, you violate the law.

In Arizona, child pornography conviction results in severe penalties such as ten years minimum in prison for each count, a long probation-based sentence, fines, and a sex offender registration.

Is Child Pornography Protected under the First Amendment?

Child pornography images are regarded as child sexual exploitation and internet sex crimes. However, the constitution does not consider such images protected speech, so it is not protected under the First Amendment. In the digital age, child pornography has become rampant on the internet and smartphones and is called 'sexting.'

Most convictions result in the defendant's registration on the Sex Offender Registry, and they may be on that list their whole life. This can destroy their relationships, career, and future.

According to Sexual Exploitation of a Minor: A.R.S §13-3553 code, child pornography is committed when any person knowingly films, photographs, records, creates, duplicates, purchases, sells, transports, or transmits or receives any visuals of a minor engaging in sexual conduct.

This law is designed to enhance the protection of children from every kind of exploitation of pornographic materials.

Who is a minor?

The state defines a minor as any person under 18 years. However, offenses against minors below 15 years warrant heightened penalties.

Child Pornography Crime Punishment

Upon conviction, you may be imprisoned for 10 to 24 years for every violation, on extensive probation, huge fines, and possibly lose your parental rights, according to the Arizona Child Protective Services initiative. You will also need to register with the sex offender registry as a sex offender.

The punishment depends on the defendant's criminal record, the specific offense they are charged with, and whether the offense has been charged as a state or federal crime.

You may be sentenced to one year in county jail and a fine for possession crimes. Repeat offenders may be sentenced to more years in state jail.

Federal child pornography crimes

• Selling and buying of children
• Sexual exploitation of minors
• Distribution, possession, and receipt of child pornography
• Creation of sexual visual depictions of minors with the intent to import into the U.S

Defense against child pornography charges

Although defending child pornography defendants can be difficult, certain circumstances can work for the defense. This is in line with the statutory defense set out in the Criminal code. This code provides that you cannot be convicted of any child pornography charges if:

• The material was developed or produced for a legitimate reason, relating to justice administration, medicine, science, art, or education. The court looks at any reasonable connection between the alleged purpose and the material.
• The material poses no risk of harm to minors. However, if it poses an undue risk of harm, the material is unlawful. The risk of harming a minor is established when a reasonable person looks at the material and ascertains that it creates physical or psychological risk or harm to children.

Another defense is the argument of your lack of knowledge that the person shown in the video was below 18 years. This defense does not come easily and requires your lawyer to show that you took all necessary steps to ensure the person was 18 years and above. Failing to produce such evidence can result in a conviction.

Another defense is arguing that you did not have enough control to be found guilty of possessing child pornography. But, again, this is because the possession law requires you to have some level of control over the questionable material.

You can also argue that the evidence presented in court was unlawfully obtained by making a charter motion or proving that the evidence was gathered in violation of your rights as per the constitution, like unreasonable search and seizure of your items.

Why Choose Katsarelis law?

Child pornography cases are sensitive and can get complicated. Finding yourself the best lawyer is in your best interest. You need to consult with an experienced lawyer to answer your questions and advise you about the potential consequences of a plea deal or conviction.

Here are our practice areas on child pornography crimes.

Possession of child pornography charges

Possession is considered a felony under the Penal code, but you can be sentenced to a county prison rather than a state jail. The prosecutor needs to prove a few things before you can be found guilty:

• Proof of child pornography possession
• Evidence that you knew the visual depictions showed a minor engaging in a sexual exhibition.

We handle such cases and provide a strategic defense to protect our clients' rights.

Child pornography distribution charges

Possessing child pornography to circulate or distribute to others or actual distribution can be charged as a felony or misdemeanor under the Penal code section 311.2(c). However, distributing such material to anyone under 18 years or possessing to distribute it for commercial purposes is a felony.

So, the prosecution needs to prove the distribution element beyond a reasonable doubt. We expertly represent clients facing child pornography charges, thanks to our over 17 years of experience.

Sex offender registration.

When you are convicted of any of these crimes, the law requires you to register as a sex offender for the rest of your life. This is after the prosecution has proven that you knowingly took part in possessing, producing, and distributing child pornography material.

The Arizona law defines knowing as the defendant having knowledge or being aware of the material's content.

We review the details of your child pornography case and outline all the available legal options to begin building a solid defense. We acknowledge that your reputation, future, and freedom are at stake, so we do our best to represent you professionally.

Contact us today for a free consultation.