Phoenix Child Pornography Defense Attorney – Maricopa County Child Porn Lawyer – Defending Victims Accused of Sex Crimes Against Children
If you are accused of any type of sex crime, you will immediately learn that sex crime allegations immediately incite extremely negative attitudes and judgments. When the alleged victim of a sex crime is a child, the stigma of such a charge can last long after your criminal case has been resolved and the terms of any sentence fulfilled. Our Phoenix criminal defense attorneys understand the harsh judgments that often accompany even the suspicion of a crime that involves a child, such as creating, distributing or possessing pornographic images of children.
Even if you inadvertently accessed or downloaded an explicit picture of a child from an Internet site, you might still find that you are charged with this sex crime. Our experienced Arizona child pornography attorneys at Ariano & Associates, PLLC understand the stakes when we defend your rights and reputation if you face state or federal charges related to child porn. Whether we are challenging the probable cause for a search or the execution of a warrant, we will carefully investigate, so we can expose violations of your constitutional rights and craft effective defense strategies.
What Must a Maricopa County Prosecutor Prove in a Child Pornography Case? [Arizona Rev. Stat. 13-3553]
In Arizona, child pornography is included under the law governing Sexual Exploitation of a Minor, which is extremely broad. A person engages in sexual exploitation of a minor by knowingly:
• Photographing, recording, filming, duplicating or developing any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
• Exhibiting, receiving, purchasing, distributing, exchanging, transporting, electronically transmitting, selling or purchasing any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
The language of this statute should make it obvious that even tenuous involvement with images of minors could result in a child pornography charge under Arizona law. Further, the expansive reach of the statute is even more pronounced because it is not expressly limited to acts of sexual intercourse, oral sex, sodomy or even nudity.
Rather, the statute imposes liability for any depiction of a minor that constitutes “exploitive exhibition”. This broad and relatively ambiguous language can lead an overzealous prosecutor to pursue child pornography charges even when the spirit of the law does not support such a charge. Depending on the circumstances, federal prosecutors can also pursue child pornography charges that carry extremely harsh penalties including mandatory minimum sentencing.
Understanding the Consequences of a Conviction of Sexual Exploitation of a Child
The penalties for ANY involvement with child pornography is extremely harsh. Under Arizona law, the penalty for possession of even a SINGLE image carries a mandatory minimum of ten years in state prison if the child depicted is 15 or under. If you have multiple images, each will be charged as a separate offense, and the ten year sentence for each image must be consecutive. In other words, if you have ten pornographic images of children 15 and under you are looking at a mandatory minimum sentence of 100 years in prison. Further, you will not be able to receive parole or early release.
Unless you obtain dismissal of the charges, acquittal at trial or a reduction in the charge, you will face devastating consequences even after your release from state prison. Conviction of any child pornography offense in Phoenix or the surrounding areas of Arizona results in a requirement of mandatory lifetime registration as a sex offender.
Unwavering Defense by Phoenix Child Porn Lawyers
While even an allegation that you have been involved in child pornography can unsettle your life, an arrest does not mean you will convicted if you retain experienced criminal defense lawyers. Our attorneys at Ariano & Associates have extensive experience defending those charged with sex crimes against children. Although we customize our defense to your unique situation, some of the defenses we might assert include:
• Inadvertent access of pornographic images on your computer
• Failure to provide a Miranda warning
• Material does not constitute content or images prohibited by the statute
• Warrantless search of your home or office without a valid exception to the warrant requirement
• Search obtaining the material at issue exceeded the scope of the warrant
• Break in the chain of custody
• Images downloaded or accessed by someone else (no knowing possession)
These are just a handful of the potential defenses we might employ to expose improper law enforcement procedure and attack the prosecutor’s evidence. When you face the life-changing prospect of a conviction for child pornography in Maricopa County, you should immediately refuse to talk with the police and call Ariano & Associates at 623-242-1449, so we can answer your questions and defend your rights.
Contact a sex crimes lawyer in Phoenix to find out more about child pornography laws in Arizona. The attorneys at Ariano & Associates, PLLC are on call 24/7.