Child Pornography Attorney in Tempe, AZ
The ramifications of a child pornography conviction extend beyond fines and prison terms, affecting all aspects of your life. At the Grand Canyon Law Group, we understand how terrifying it can be to face these types of allegations. It is essential to stay calm and let a Tempe child pornography lawyer handle your case.
A Tempe child pornography attorney can help mount a robust defense that aims to protect your reputation and freedom. Let our skilled attorneys defend your rights and advise you on navigating the legal proceedings.
For a free legal consultation with a child pornography lawyer serving Tempe, call 480-400-5555
DEFINING CHILD PORNOGRAPHY IN TEMPE
Arizona’s term for child pornography is the sexual exploitation of a minor. The statutory description of this offense, as outlined in Arizona Revised Statutes § 13-3553, makes it a crime to knowingly engage in various behaviors involving the depiction of a minor engaged in sexual conduct. The following activities may amount to a chargeable offense:
- Recording, filming, or photographing illegal material
- Developing, duplicating, or exhibiting illegal material
- Distributing, transmitting, selling, exchanging, or transporting illegal material
- Receiving, possessing, or buying illegal material
The statutory language in child pornography laws is broadly interpreted, and state and federal authorities aggressively prosecute these crimes. If you face charges under Section 13-3553 or 18 United States Code § 2251, you need dedicated counsel from a nearby child pornography attorney who can defend your rights to avoid the harshest penalties.
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PUNISHMENTS FOR CHILD PORNOGRAPHY CONVICTIONS
Sexual exploitation of a minor is a class two felony, and the minor’s age dictates the severity of the punishment.
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PENALTIES IF THE MINOR IS YOUNGER THAN 15
When the child involved is less than 15 years old, Arizona applies an enhanced sentencing structure detailed in Ariz. Rev. Stat. § 13-705(E). Whether a first-time or repeat offender, the penalties are severe.
First-time offenders may receive prison sentences of 10 to 24 years. The presumptive amount of time is 17 years. If an individual has a previous predicate felony conviction, the sentencing guidelines increase to 21 to 35 years, with a presumptive term of 28 years.
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PENALTIES IF THE MINOR IS BETWEEN 15 AND 17 YEARS OLD
For pornography involving older minors, those 15-17 years of age, Ariz. Rev. Stat. § 13-702(D) establishes an incarceration range of four to ten years. If mitigating circumstances exist, the court may reduce the time behind bars to three years, and aggravating factors may increase the time in prison to 12.5 years. Under Ariz. Rev. Stat. § 13-703, repeat offenders may face additional imprisonment up to 35 years, depending on the circumstances.
In any child pornography conviction, Ariz. Rev. Stat. § 13-801 allows the court to impose fines up to $150,000. Additionally, anyone convicted of child pornography must register with the State as a sex offender per Ariz. Rev. Stat. § 13-3821. Our experienced Tempe defense attorneys can assist those facing child porn charges to refute the allegations, avoid significant penalties, and obtain an ideal outcome under the circumstances.
TEEN SELFIES CAN RESULT IN CHILD PORN CHARGES
While most people think of child pornography as involving a minor and an adult, nude pictures shared among teenagers (sexting) may also constitute the sexual exploitation of a minor. Minors who send, receive, and share sexually explicit images may violate Arizona law and could receive misdemeanor sentences, as a knowledgeable attorney could further explain.
LEGAL DEFENSES AGAINST CHILD PORNOGRAPHY POSSESSION
People charged with the possession of child pornography face many legal challenges. Prosecutors routinely seek the harshest penalties allowed by law, and sentiments tend to run high. There are, however, legal defenses available that vary depending on the specifics of the case. Some possible defenses include:
- Lack of knowledge of the images
- Unlawful search and seizure, rendering evidence inadmissible
- Entrapment by law enforcement
- Proof that the people depicted are not minors
- Claims that the material is not yours
You can trust your lawyer to assess your case and come up with the most effective way to defend you against these serious charges in Tempe.
REASONS TO HIRE A CHILD PORNOGRAPHY LAWYER
The average sentence for people convicted of child pornography charges in Arizona was 273 months in 2024, so it should go without saying that you need to take the charges seriously.
You should hire a child pornography lawyer to help with your case as soon as you get arrested. Your lawyer can help you understand the charges and work with you to come up with an effective defense against them. We can help you negotiate a favorable plea deal or defend you in court should you decide to take your child pornography case to trial at the Maricopa County Superior Court.
FAQs
Can You Get in Trouble for Browsing the Internet?
You can get in trouble for browsing the Internet if you are using it to look up child pornography. Forensic evaluations can uncover search terms indicative of people searching the internet for child pornography. However, possession of child pornography is an easier crime to prove than simply browsing the Internet searching for it.
What Is the Difference Between Viewing and Possessing Child Pornography?
The difference between viewing and possessing child pornography is that in the latter case, you have illegal photographs downloaded to your computer or another device, but have not necessarily looked at them, and may or may not be aware of their presence. In the former case, you not only possess but also look at the child pornography. If the prosecution can prove that you have looked at the images, that shows you’re aware of the fact that you possess them.
What Are Examples of Illegal Online Content?
Child pornography in any form is an example of illegal online content. The images do not have to depict children engaged in actual sexual acts. They can simply be overtly lewd images used to provide sexual gratification. You should not download or even search for these images online, as possession of child pornography is a serious crime in Arizona.
What Happens When a Child Is Exposed to Inappropriate Content?
When a child is exposed to inappropriate content online, the person who shared it with them can be criminally prosecuted under A.R.S. 8-309. It is illegal to share, possess, or transmit sexually explicit or harmful materials to minors. Penalties range from juvenile detention for offenders under the age of 18 to felony charges for adults.
CALL A TEMPE CHILD PORNOGRAPHY ATTORNEY TO DEFEND YOU
It is crucial to remember that you are innocent until the State establishes its case. Your guilt is not a done deal. You have the right to refute these allegations, and a seasoned Tempe child pornography lawyer can help you every step of the way. If you are under investigation or have been charged with this offense, please do not wait. Reach out to the Grand Canyon Law Group for an initial consultation.
Call or text 480-400-5555 or complete a Free Case Evaluation form