Mesa Child Pornography Attorney
In Arizona, child pornography is codified as the visual depiction of the sexual exploitation of children. These charges can result from a variety of scenarios and may lead to severe penalties. You could become embroiled in the criminal court system with one internet download of provocative images you think are of people older than 18.
However, just because law enforcement arrests you or the prosecutor charges you, does not mean you will be found guilty. At the Grand Canyon Law Group, our dedicated defense attorneys are former prosecutors who know how to use every available strategy to protect your rights and reputation. Consult a Mesa child pornography lawyer to learn what defenses may be available to you.
For a free legal consultation with a child pornography lawyer serving Mesa, call 480-400-5555
WHAT IS SEXUAL EXPLOITATION OF CHILDREN?
Arizona Revised Statutes § 13-3553 defines sexual exploitation of children as possessing child pornography, filming or photographing minors in sexually explicit scenarios, or distributing such material. Additionally, the statute defines this charge as a person knowingly engaging in such behaviors.
Some examples of child pornography include:
- Paying to access online illegal child pornography sites, often hosted in foreign countries
- Filming two 17-year-olds engaging in intercourse
- Selling lewd photographs of minors to a co-worker
- Possessing or posting nude images of a minor on the internet
Children under the age of 18 are considered minors for purposes of ARS § 13-3553. However, if the minor is younger than 15, the penalties are amplified. ARS § 13-705 is the Arizona statute for sentencing dangerous crimes against children, most of which involve a sexual element. A Mesa attorney will look at the facts of a child pornography charge to begin preparing a solid defense.
Child pornography, or sexual exploitation of a minor, involves an explicit image or video of a child portraying some type of sexual conduct or sexual activity. These charges could be brought against anyone who interacts with this type of material. A conviction for sexual exploitation of a minor in Arizona carries severe consequences.
Mesa Child Pornography Lawyer Near Me 480-400-5555
DEFENSES TO CHILD PORNOGRAPHY CHARGES IN MESA
In a child exploitation case, a defendant and their local attorney can contest charges by offering defenses that cast reasonable doubt on their guilt. As previously stated, defendants must know that they are sexually exploiting children for the charges to be valid. A photographer who pays models to pose for pornographic pictures may not be liable if a 17-year-old provides false identification as an adult. If the photographer had proof that the model was 18 at the time of the photo shoot, this would also negate an element of the crime.
A persistent child exploitation lawyer in the area can also study the arrest and seizure of any evidence. If the search and seizure were illegal or the target’s Miranda rights were violated, the evidence may be inadmissible, and the case may be thrown out.
In order for child pornography charges to be brought in Arizona courts, the state prosecution must prove several things. Essentially, a person must have knowingly possessed items that contain sexually exploitative images of children under age 18. These types of cases usually involve extensive investigation before trial for the prosecution to build their case.
Click to contact our Sex Crimes Lawyers in Mesa today
TYPES OF DEFENSE STRATEGIES IN MESA CHILD PORNOGRAPHY CASES
There are various legal defenses that a skilled lawyer at our firm can use in a child pornography case. The right attorney will approach an investigation and trial from all angles to find all the holes and weaknesses in the prosecution’s case. At Grand Canyon Law Group, our legal team has experience employing the following legal defenses for charges of possession or distribution of child pornography.
SOMEONE ELSE WAS USING THE COMPUTER WITH ILLEGAL MATERIAL
Many Mesa residents live in households with other people or work at businesses where multiple employees have access to a single device. In these scenarios, our persistent attorneys could argue that the computer with pornographic material is not necessarily connected to the person who is under investigation. Many people could have accessed the computer and downloaded or viewed the illegal images.
To effectively make this defense, the Grand Canyon Law Group often hires computer experts to analyze the data that the prosecution gathered. It is critical to work with the right professional who can review the state’s evidence and ensure that nothing goes overlooked.
THE IMAGES WERE VIEWED UNINTENTIONALLY OR DOWNLOADED BY MISTAKE
The internet is full of all sorts of content, and it is easy to search for one thing and stumble across something else. Sometimes, people may unknowingly or mistakenly download images of child pornography. In these cases, our skilled legal team can work with a forensic computer expert to decipher the digital evidence gathered by the prosecution. Because the state must prove that a person knowingly possessed images of child pornography, a legal defense that the person was unaware of the material can be effective.
CONSTITUTIONAL ISSUES IN MESA CHILD PORNOGRAPHY INVESTIGATIONS
There are many fourth amendment issues that arise in these types of cases. For example, the police could have had insufficient basis to believe that a person possessed unlawful images, leading to an illegal search. A diligent attorney nearby could also argue that the evidence to support the search warrant for child pornography was not correct. Because a defense involving Fourth Amendment violations requires a deep understanding of the law, it is crucial for anyone facing child pornography charges to work with a legal professional in their area.
If you are facing charges as serious as child pornography, put your defense in the hands of a legal team with a track record of success. At Grand Canyon Law Group, our lawyers have experience working with trustworthy experts to build the strongest possible case on behalf of accused individuals.
An aggressive and persistent attorney can tirelessly comb through the evidence against you to find any errors or weaknesses. Our former prosecutors understand these legal proceedings and can tailor an effective strategy for your circumstances. We can show the state that you are not the type of person who would engage in this conduct and assert your humanity in court, despite the prosecution’s efforts to twist the story against you. Give us a call today for a free consultation.
Complete a Free Case Evaluation form now
WHAT ARE THE PENALTIES FOR CHILD PORNOGRAPHY?
A conviction for child pornography under ARS 13-3553 is a Class 2 felony. Although Arizona statutes assign a minimum, maximum, and presumptive sentence to each felony, sentences for non-violent felonies may be impacted by mitigating and aggravating circumstances.
First-time offenders face a minimum prison sentence of three years if mitigating factors are applied and up to 12.5 years with aggravating factors. Under ARS § 13-705, if the exploited minor is younger than 15, a first-time offender is looking at between 10 and 24 years in prison and 21 to 35 years for a second offense. Three or more offenses is a life sentence with no possibility of parole for 35 years.
Those convicted of sexual exploitation of a child in Arizona are required to register as sex offenders. The state maintains a sex offender registry that citizens can access. When the consequences are this harsh, it is essential for anyone facing child pornography charges to work with a dedicated lawyer at our Mesa office.
Child pornography charges could result in tremendous penalties in Arizona. For instance, the possession of one image carries a sentence of between 10 and 24 years in prison. However, most cases involve devices that contain hundreds or thousands of images on that device. As such, the prison sentences for possession of child pornography are often astronomical.
Even if a convicted individual is released from prison before the end of their natural life, they must register as a sex offender and face lifetime probation. This could have serious implications for their employment and licensing opportunities, as well as their reputation in the community.
CHILD PORNOGRAPHY INVESTIGATIONS IN MESA
The police are extremely sophisticated in tracking and identifying exploitative material depicting minors. Unlike many other types of criminal cases, child pornography investigations often involve high-level tactics for collecting digital evidence and forensics. For example, the police may use undercover agents in chatrooms or public forums to locate links to images where child pornography can be accessed. Then, they can use advanced software to locate the IP addresses of the people involved and execute search warrants on their homes, businesses, or phones.
Multiple agencies may be involved in these investigations, including the FBI Department of Homeland Security as well as local law enforcement such as the Mesa Police Department. Additionally, online companies like Google, Twitter, and Dropbox will track their users’ activity online to identify those that are engaging with pornographic depictions of children. Then, they will report any illegal activity to the National Center for Missing and Exploited Children through a cyber tip, which may begin an initial investigation that develops into a full criminal case.
If you believe that you are the target of a police investigation for child pornography, it is important that you call a skilled attorney right away. Defending against charges this severe requires significant legal knowledge, experience, and access to resources and experts.
EVIDENCE IN CHILD PORNOGRAPHY INVESTIGATIONS
Investigations for child pornography charges typically rely on digital evidence, such as files on phones or computers. Police will also look to get statements from their suspects admitting to possessing, downloading, or viewing the illegal images. Because of this, a Mesa resident under investigation for child pornography charges should immediately contact a dedicated attorney to defend against the prosecution’s tactics and ensure that the police follow proper procedure.
CONTACT A MESA CHILD PORNOGRAPHY ATTORNEY IMMEDIATELY
Arizona is one of the toughest states in the county on crimes against children. However, it is critical to remember that you have legal options. If you are charged with sexually exploiting a child, there may be valid defenses or mitigating circumstances that a skilled attorney can present to protect yourself and your way of life.
At Grand Canyon Law Group, we seek justice for people under the long-held legal premise that you are innocent until proven guilty. Your situation is not hopeless. Call a Mesa child pornography lawyer today to learn how we can relentlessly represent you.
Call or text 480-400-5555 or complete a Free Case Evaluation form
