Child pornography or sexual exploitation of a minor is a crime that can have serious consequences. With the expansion and increased use of the internet, social media, chat rooms and more, child pornography has become a serious target of law enforcement on the local, state, and even federal level. In Arizona, child pornography is a class 2 felony and can mean serious prison time and mandatory placement on the Arizona sex offender registry.
The operative crime for child pornography is sexual exploitation of a minor, pursuant to ARS 13 3553. What is considered child pornography includes any “visual depiction” of a minor engaged in what the law calls an “exploitive exhibition” or other sexual conduct.
The actions that fall under child pornography pursuant to ARS 13 3553 include knowingly:
Any visual depiction of a minor engaged in exploitive exhibition or sexual conduct.
The bottom line when it comes to child pornography is that whatever the particular format of the depiction may be (hard copy photograph, digital image, etc.), it is likely covered under the law, and that the fact that there was no actual intercourse, for example, may not be a defense.
The following terms are important, particularly if you are facing a child pornography charge:
In addition to child pornography in general, there is a separate crime in Arizona, known as commercial sexual exploitation of a minor pursuant to ARS 13-3552. That offense, also a class 2 felony, involves, in essence, producing, advertising, inducing a minor’s participation in, financing or otherwise being engaged in child pornography for commercial gain.
Commercial sexual exploitation of a minor also includes any advertisement for prostitution that includes an image of a minor.
A conviction for child pornography will usually lead to severe penalties. As noted above, sexual exploitation of a minor, is a class 2 felony. If you are convicted of sexual exploitation of a minor or commercial sexual exploitation of a minor and the
Minor Depicted is Between the Ages of 15 and 17:
Minor Depicted is Under the Age of 15:
If the minor depicted in the image or movie is under 15, the defendant will be sentenced in accordance with ARS 13-705, relating to Dangerous Crimes Against Children (DCAC).
Arizona’s dangerous crimes against children law pursuant to ARS 13-705, mandates that anyone convicted of certain enumerated crimes shall receive a harsher sentence and that probation is not available.
Whether the conviction is for sexual exploitation of a minor or commercial exploitation of a minor, placement on the Arizona sex offender registry will be required. Arizona sex offender laws pursuant to ARS 13 3821, require those convicted of child pornography to register as a sex offender and be placed on the Arizona sex offender register.
Sex offender registration can also be required by the judge if you are convicted of a sexual offense under chapter 14 of title 13 (including sexual abuse, child molestation and statutory rape), and the judge determines that the crime was sexually motivated pursuant to ARS 13-118.
In a majority of cases, particularly those investigated by law enforcement, the child pornography charge involves use of the internet. This means, by its very nature, that computers and computer software is involved. In addition, the age of the alleged victim will always be an issue in a child porn case. As a result, in addition to defenses relating to false accusations, coerced confessions, illegal search and seizure, and the like, there are other defenses which may apply in your case. Here are some of them:
Obviously, additional defenses may also be available, depending upon the facts in your case. By contacting an experienced child pornography lawyer and explaining the details of your specify case, additional defenses may be developed.
The essence of a child pornography charge, or sexual exploitation of a minor, is the possession or filming of minors engaged in sexual conduct.
Unlawful disclosure of images or “revenge porn” pursuant to ARS 13-1425, criminalizes the intentional disclosure of certain images (nudity, sexual activity, where the alleged victim is identifiable). Unlawful disclosure does not require the involvement of a minor, although if a minor is depicted, there could be an overlap between the two offenses.
Surreptitious recording pursuant to ARS 13-3019, focuses on invasion of privacy. It does not require that the film or photo capture sexual conduct (although it could), nor does it require the involvement of a minor.
The crime of surreptitious filming involves secretly recording adults in a bathroom while the person is urinating or undressing or capturing a photo of a person’s genitals (or the female breast) when that view is not available to the public.
Child pornography is a serious charge. However, there are many possible defenses that may be applicable in a given set of circumstances. Moreover, questions may exist regarding whether the acts in question even fall within the definition in the statute. To find out where you stand, and what defenses may be applicable in your case, contact an experienced child pornography lawyer.
At Feldman & Royle we offer a free and confidential consultation with a child pornography lawyer to help you better understand the law surrounding sexual exploitation of a minor as well as the applicable defenses.
Sexual exploitation of a minor is possession, production or dissemination of child pornography.
Child pornography is the possession, production or dissemination of images or video that depict a minor engaged in exploitive exhibition or other sexual conduct.
The practice of “sexting” – sending text messages containing sexually explicit photos – can lead to a child pornography charge. Sexting, however, often occurs between minors, and Arizona has enacted a statute, ARS 8-309, which prohibits minors from intentionally using a cell phone or similar device to transmit or to display explicit sexual material involving a minor.
While Sexting would fit the strict definition of child pornography, the statute allows some leeway so that juveniles are able in many cases to avoid facing a felony charge (and mandatory sex offender registration).
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