Few criminal charges carry the stigma that follows child pornography allegations. This is a criminal offense that can take multiple forms and carry extreme criminal penalties, including the risk of incarceration, sex and registration, and more. Do not leave your case in the hands of an overworked public defender when you could hire a private Giblert sex crimes lawyer with the experience and resources you need to win.
Working with a knowledgeable Gilbert child pornography defense lawyer with Suzuki Law Group could be your best option when you are facing accusations as serious as these. Not only is your freedom at risk but so is your reputation. Take action to safeguard your future when you contact our criminal defense lawyer in Gilbert to schedule your confidential consultation today.
Defining the Arizona Child Pornography Statute
Arizona Revised Statute (ARS) §13-3553 clearly defines the various types of sex crimes that are considered child pornography offenses. The prosecutor must prove that you meet the elements of the offense for the jury to return a guilty verdict. Child pornography charges could apply if the defendant:
- Records, develops, photographs, films, or duplicates any depiction or visual representation of a minor engaging in sexual conduct or exploitive exhibition.
- Transport, exhibits, distributes, purchases, receives, electronically transmits, cells, exchanges, or possesses any visual depictions of a minor engaging in any type of explicit conduct, sexual activity, or exploitive exhibition.
The Elements of a Child Pornography Offense
The statute is designed to cover every type of child pornography offense, including possession, distribution, manufacturing, viewing, and transmission of child pornography. Anytime the rectal, pubic, or genital areas are exhibited through simulation or physical contact, exploit exhibition applies. ARS §13-1401 further defines “sexual contact” as being the actual or simulation of:
- Defecation
- Sado masochistic abuse
- Sexuality
- Sexual intercourse
- Masturbation
- Penetration of the rectum or vagina by an object
Child pornography charges only apply if the person or persons individual depictions are under the age of 18 when the materials were modified, adapted, or created. Arizona is unique in requiring charges for every single visual depiction found on a device or person. This means child pornography convictions also carry some of the harshest penalties.
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Get StartedCharges Related to Child Pornography in Gilbert
Your child pornography defense attorney in Gilbert, AZ, will also need to be prepared to challenge any charges related to the initial sex crime offense. In many child pornography cases, defendants are charged with multiple sex offenses. These can include one or more of the following:
Dangerous Crimes Against Children
Under the Dangerous Crimes Against Children (DCAC) statute, found under ARS §13-705, there are specific criminal offenses that can be classified as a DCAC. For a sex offense to be considered a DCAC, the defendant must have been 18 years old or tried as an adult, the alleged victim must have been 15 years of age or younger, and the defendant must have known or should have known how old the alleged victim was. Some of the most common sex crimes classified as DCACs include:
- Sexual assault
- Second-degree murder
- Sexual exploitation of a minor
- Sexual conduct with a minor
- Attempted first-degree murder
- Aggravated assault
- Molestation of a child
- Beastiality
- Sex trafficking and child sex trafficking
- Continuous sexual abuse
- Sexual extortion
- Kidnapping
- Luring of a child or aggravated luring of a child
- Unlawful misrepresentation
- Child prostitution
- Unlawful mutilation
If a crime is treated as a DCAC, the penalties of a conviction may be far greater. For this reason, it is crucial to get a highly skilled child pornography defense lawyer in Gilbert with Suzuki Law Group to review your case. We may be able to convince the prosecutor that the charges against you should not be considered a DCAC offense, which could protect you from the harsher consequences of a guilty verdict.
Abogado cerca de míA Guilty Verdict Could Shake Up Your Entire Life
Individuals found guilty of child molestation or other DCACs can face extreme criminal penalties. The extent of your penalties will depend on your criminal history, the age of the alleged victim, and whether other aggravating factors are present in your case. In most instances, child pornography is considered a Class 2 felony, punishable by a mandatory minimum prison sentence of up to four years.
However, if the alleged victim was under the age of 15, under the DCAC, Arizona sentencing guidelines state that the maximum punishment for a first-time offender is 24 years in prison. Individuals convicted of sexual exploitation or child molestation may also be required to register as a sex offender, according to ARS §13-3821. Depending on your classification status, you could be ordered to register as a sex offender for the rest of your life.
Countless collateral consequences could continue to follow you even after completing your prison sentence. You will likely be passed over for job opportunities and face housing restrictions due to your sex offender status. You may struggle to provide for yourself and your family, be prohibited from spending any time alone with your children, and be somewhat of an outcast in your community.
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You Have the Right to Defend Yourself When Accused of a Criminal Offense
You have the right to a lawyer and defense when you are accused of any type of crime, including sex offenses. Your child pornography defense attorney will need to determine how to help you obtain an acquittal or plea agreement. Potential defenses to child pornography offenses include:
- Mistakenly downloading visual depictions of child pornography
- Lack of knowledge of the visual depictions
- The visual depictions did not involve a minor
- The visual depictions were obtained through an unlawful search and seizure
These are only a few potential defenses that could be utilized in your case. We will need to consider the state’s evidence against you, your criminal record, and the credibility of the alleged victim to determine which defenses are most suitable. You can rely on our team to offer legal advice that could help you make the best decisions possible as you attempt to clear your name.
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Get Help Dodging a Conviction, and Turn to Gilbert’s Seasoned Child Pornography Defense Law Firm Today
Being accused of any type of child pornography crime could be devastating for you personally, professionally, and in every other way. Challenging these serious allegations with help from a skilled Gilbert child pornography defense attorney at Suzuki Law Group is crucial. Our firm is standing by, ready to analyze the evidence against you and determine which defenses are most suitable for your case.
Whether we need to work out a plea agreement with the prosecutor or present a powerful defense at trial, you can rely on our decades of criminal defense experience to secure the most favorable outcome.
When you are ready to discuss potential defense strategies further, contact our legal team to request a confidential consultation. You can reach us by phone or through our secured contact form to get started on your case as soon as today.
Call or text 602-682-5270 or complete a Free Case Evaluation form
