Gilbert Child Pornography Attorney
Arizona law is precise in defining sexual exploitation of children. Child pornography charges have severe consequences and can permanently alter an accused’s life.
Fortunately, there are defenses to these charges. If you are facing accusations related to child pornography, it is crucial to retain skilled legal counsel right away. Our team of former prosecutors turned defense attorneys at Grand Canyon Law Group have extensive experience in the courtroom, and we are not afraid to fight for you. Talk to a Gilbert child pornography lawyer to learn more about your options.
For a free legal consultation with a child pornography lawyer serving Gilbert, call 480-400-5555
STATE LAWS REGARDING CHILD PORNOGRAPHY
According to Arizona Revised Statutes § 13-3553, a person knowingly involved in the visual depiction, distribution, purchase, or possession of minors engaging in sexual activity can be charged with a Class 2 felony for sexual exploitation of children. This could include taking lewd photographs of minors engaging in sex, filming them, posting images on the internet, and buying or possessing the illegal images. Thus, a person could be convicted for producing, possessing, or distributing child pornography.
Under state law, a minor is any child younger than 18 at the time of the alleged offense. More severe penalties can be brought under ARS § 13-705 if the minor is younger than 15. A Gilbert child pornography attorney can help an individual better understand the specific charges they are facing.
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DEFENSES TO CHILD PORNOGRAPHY CHARGES IN GILBERT
There are defenses to child pornography charges, and a competent criminal defense lawyer will explore them to see if they apply to an individual charged with this crime. One potential defense would be if a defendant can show that they did not know the illicit material depicted minors. They may have believed the actors were older than 18, for instance. In some cases, an attorney will raise the defense that the actors depicted were not minors. If evidence is available that the persons were at least 18, the charge will not be valid.
Evidence can also be excluded if law enforcement searches for or seizes it illegally. With less or no evidence, the child pornography charges could be reduced or dropped entirely. An attorney can investigate a case to determine whether law enforcement legally obtained the evidence being used against a defendant.
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POSSIBLE PENALTIES IN A CHILD PORNOGRAPHY CASE
Violation of ARS 13-3553 is a Class 2 felony. The sentence associated with a Class 2 felony can vary based on the presence of mitigating and aggravating factors, which can decrease or increase penalties, respectively. Mitigating factors can include a defendant’s age, if they recognize what they did was wrong, and if they were under duress when committing the crime. Aggravating factors can include the harm done to the child and if the alleged offender has a criminal history. For a first offender, the prison sentence for child pornography will range from three years if mitigating factors are applied up to 12 and a half years with aggravating factors.
Under ARS § 13-705, which dictates penalties for sexual exploitation of a child younger than 15, a first-time offender could serve between 10 and 24 years in prison. For a second offense, the defendant could serve 21 to 35 years. Subsequent offenses can land a person in prison for life with no possibility of parole for at least 35 years.
Along with being sentenced to prison time, a person guilty of sexual exploitation must register as a sex offender. A knowledgeable defense attorney in Gilbert can help a defendant navigate their registration requirements in the event of a child pornography conviction.
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CONSULT A GILBERT CHILD PORNOGRAPHY ATTORNEY TO GET STARTED ON YOUR DEFENSE
You are entitled to have your case heard in a court of law and decided by a jury if you are charged with child pornography. Our job is to protect your rights and ensure proceedings are fair.
If you face a legal battle over charges for sexual exploitation of children, let us look at those charges and see how we can help you. Our Gilbert child pornography lawyers are familiar with the nuances of these cases. Call us today to learn more about what we can do for you.
Call or text 480-400-5555 or complete a Free Case Evaluation form