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Phoenix Sexual Exploitation of a Minor Lawyer

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Sexual Exploitation of a Minor Attorney in Phoenix, AZ

Sexual exploitation of a minor in Arizona typically refers to the creation, distribution, or possession of child pornography. It is a serious crime that is punishable by prison time, fines, and mandatory participation in the state’s sex offender registry. If you’re facing these charges, you should hire a Phoenix sexual exploitation of a minor lawyer right away.

Trust Grand Canyon Law Group

Anyone in need of a Phoenix sex crime lawyer can trust the team here at Grand Canyon Law Group to provide a robust defense against their charges, including sexual exploitation of a minor. We provide personalized attention and aggressive advocacy to every client. You can rely on our team of experienced defense lawyers and other professionals to help you construct an effective defense and support your rights throughout the legal process.

Why Hire a Sexual Exploitation of a Minor Lawyer?

In 2024, there were 1,375 cases involving child pornography brought before the U.S. Sentencing Commission. This represents an increase of 34.4% since fiscal year 2020. The State of Arizona has recently seen a significant number of cases involving sexual exploitation of a minor, including one against a Phoenix man named Joseph Alfrey, who was sentenced to 8.5 years for attempting to commit sexual exploitation of a minor.

You don’t need to plead guilty to the charges you’re facing, as Alfrey did. You can hire a sexual exploitation of a minor lawyer to represent you in your case and provide you with the legal guidance you need to make informed decisions about whether to accept a plea deal or go to court. Your lawyer can help you understand the charges being brought against you, collect evidence, and construct an alternative narrative of the events that could lead to an acquittal.

What Is Sexual Exploitation of a Minor in Arizona?

Sexual exploitation of a minor in Arizona is defined in A.R.S. 13-3553. The statute refers primarily to visual depictions of minors engaged in exploitative exhibition or sexual conduct. You could be charged with sexual exploitation of a minor here in the Valley of the Sun for anything from recording child pornography to possessing it.

Every sexual exploitation of a minor case is a little different. However, all are tried as Class 2 felonies unless the minor depicted in the images was under the age of 15. In that case, you can face elevated charges under the Dangerous Crimes Against Children legal classification.

Sexual Exploitation of a Minor Penalties

The penalties for sexual exploitation of a minor are severe. If the child depicted was between the ages of 15 and 17, they can include:

  • First offense: You face three to 12.5 years in prison for a first conviction.
  • Second offense: For a second offense, you face 4.5 to 23 years in prison.
  • Third offense: If you’re convicted a third time, you face 10.5 to 35 years in prison.

Multiple counts lead to concurrent sentencing.

If the person depicted in the media you possessed, created, or distributed was under the age of 15, you face more severe penalties. They include:

  • First offense: You face a mandatory minimum of 10 years in prison and could be sentenced to up to 24 years for a first conviction.
  • Second offense: For a second conviction, you can be sentenced to 21 to 35 years in prison.

Under DCAC, you are not eligible for parole or release from confinement on any basis until you have served your full term.

In addition to serving time in prison, convicted offenders also need to pay fines and register as sex offenders in Arizona’s official registry. Sex offender registration may be lifelong, leaving alleged perpetrators of this crime facing serious collateral consequences that extend well beyond their initial prison terms.

Your participation in the sex offender database is public for all to see and can make it difficult to secure both housing and gainful employment. Additionally, with a felony on your record, you may lose certain rights, such as the right to bear firearms.

Common Defenses Against Sexual Exploitation of a Minor

There are several defense strategies an experienced Phoenix sexual exploitation of a minor attorney might use to prove your innocence or otherwise improve your chances of facing a favorable outcome. They include:

  • Lack of knowledge: If you didn’t know the image or video involved a minor, your lawyer may be able to use that information in court or in negotiations with the prosecution.
  • No minor involved: If your lawyer can demonstrate that the person in the media in question was over the age of 18, you should not be convicted of the charges of sexual exploitation of a minor.
  • Unlawful search and seizure: Not all defenses against this charge involve proving your innocence. If the police obtained evidence against you through an unlawful search and seizure, that evidence should not be admissible in court. In this case, your lawyer may focus on the violation of your Fourth Amendment rights as a defense.
  • Miranda violations: Similar to unlawful search and seizure, Miranda violations can lead to admissions you made to the police being thrown out. If the prosecution lacks additional evidence of your guilt, it can be challenging to prove that you committed the crime.
  • Other police errors: If the police made errors in collecting or retaining evidence, and your lawyer can show that there is a break in the chain of custody, that could be helpful to your case. It’s possible the prosecution may be barred from using the affected evidence against you.

You can trust your lawyer to help you develop the strongest possible defense against the charges you’re facing.

How a Lawyer Can Help You

There are many ways your lawyer can advocate for you and your rights during this difficult time. Our team can:

  • Help you understand the charges being brought against you and the potential consequences of a conviction
  • Challenge the alleged victim’s account of the events
  • Use expert witnesses to counter the prosecution’s claims or debunk the forensic analysis of seized digital devices
  • Question the determination of the minor’s age
  • Prove that you didn’t know you were in possession of the images
  • Suppress statements or evidence due to violations of your constitutional rights
  • Provide a vigorous defense against the charges in court
  • Help you negotiate a beneficial plea deal if that seems like the right path forward

One of the most important factors when choosing a sexual exploitation of a minor lawyer is your attorney’s level of experience with similar cases. We’ve defended countless clients facing child pornography charges. We can leverage our experience to obtain a positive outcome in your case.

FAQs About Sexual Exploitation of a Minor

What Are the Four Types of Sexual Misconduct?

There are more than four types of sexual misconduct in Arizona. Offenses involving minors include sexual conduct with a minor, sexual exploitation of a minor, molestation of a child, indecent exposure, and others. If the child involved was under 15, these crimes can be classified as dangerous crimes against children, carrying more significant penalties and mandatory minimum prison sentences.

What Must Be Proven for Sexual Exploitation of a Minor?

To prove sexual exploitation of a minor, the prosecution must provide evidence that the accused person engaged in the recording, distributing, transporting, or possession of visual depictions of minors engaged in exploitative exhibition or any other sexual conduct. Possessing or selling child sex dolls that use the likenesses of real minors under 12 is also considered sexual exploitation of a minor, as is observing a nude minor for sexual gratification.

What Is the Most Common Defense for Sexual Exploitation of a Minor?

The most common defense for sexual exploitation of a minor is lack of knowledge or intent. If you didn’t know the person depicted in nude photos was under the age of 18 or were unaware that you had the photos on your device, to begin with, you should not be convicted of sexual exploitation of a minor. Entrapment and unlawful search and seizure can also be useful defenses in your sexual exploitation of a minor case.

What Kinds of Evidence Are Used to Prove Sexual Exploitation of a Minor?

The kinds of evidence used to prove sexual exploitation of a minor in Arizona can include a combination of physical evidence, digital evidence, and witness testimony. The police often seize digital files such as photographs, videos, and computer-generated images from the accused person’s computers, phones, or cloud storage accounts and use metadata from these devices to show when the files were viewed or created.

Your Phoenix Sexual Exploitation of a Minor Lawyer

Facing sexual exploitation of a minor charges is scary. You can trust the team here at Grand Canyon Law Group to provide aggressive representation in support of your rights. We have many years of experience in the area of sex crime defense and an extensive knowledge of sexual exploitation of a minor laws. We can use our knowledge, experience, and skill to provide you with a robust defense against your charges. Contact us to schedule an initial consultation.

Schedule A Consultation With The Grand Canyon Attorney Who Can Help