Sexual Exploitation of a Minor Child – Child Pornography

Sexual Exploitation of a Minor in Arizona A.R.S §13-3553

In the state of Arizona, if you are convicted of Sexual Exploitation of a Minor, then you will have a class two felony on your record. This law in Arizona can be found per A.R.S §13-3553.

It is important to understand that this statute is extremely broad. In fact, anyone who knowingly records, films, photographs, duplicates, develops, sells, purchases, transports, or electronically transmits or receives any visual depiction of a sexual conduct with a minor or exploitive exhibition can be charged and possibly convicted of Sexual Exploitation of a Minor.

Because the statute is so broad, there is a strong likelihood that someone could be charged with it even if they are innocent. Simply clicking on the wrong link on the Internet can lead to be charged and convicted of Sexual Exploitation of a Minor. This is why it is so important to contact an experienced attorney to handle your case if you have been charged with this offense.

If you have been charged with Sexual Exploitation of a Minor, please contact the DWANE CATES Law Group today. This type of charge is very serious and can lead to an extended amount of time behind bars. By having a reputable and experienced attorney on your side, you can have peace of mind in knowing your case is being handled in the most effective and professional manner possible.

Understanding the Punishment for Child Pornography and Sexual Exploitation of a Minor

The severity of punishment that comes along with Child Pornography and Sexual Exploitation of a Minor charges is greatly dependent on the age of the victims. If the victims are under the age of fourteen, then the charges will also qualify as Dangerous Crimes Against Children, which comes with severe possible penalties.

For a first offense of Sexual Exploitation of a Minor, the minimum sentence for each conviction will be:

  • 10 years in prison
  • 17 years presumptive in prison
  • 24 years maximum incarceration

If you have already been convicted of certain serious felonies, including those that qualify as a Dangerous Crimes Against Children, then the minimum possible punishments include:

  • 21 years in prison
  • 28 years presumptive in prison
  • 35 years maximum incarceration

It is very important that you understand that crimes that are qualified as Dangerous Crimes Against Children require an offender to serve 100 percent of their prison sentence before they are considered for release. More so, if you have two convictions, your punishment must be carried out consecutively. This means there is no chance for your sentences to be carried out concurrently (simultaneously). Because the punishment for Sexual Exploitation of a Minor and Child Pornography are so extensive, many people refer to them as “life-enders.”

In the state of Arizona, if you are convicted of Sexual Exploitation of a Minor and you are handed the maximum penalty, this means you will serve more time than a person would receive for the maximum penalty of being convicted of Second Degree Murder.

It’s also pertinent that you understand being convicted of this type of charge will mean you have to register as a Sex Offender. This can have serious negative consequences, including the inability to secure employment in certain occupational fields. More so, it means you will not be allowed to have any type of contact with anyone under the age of 18. More so, you will not be allowed to have contact with your own children unless you go through an assortment of testing procedures as well as acquire permission from your Probation Officer.

The possible punishment for Sexual Exploitation of a Minor and Child Pornography do change if the children were at least 15-years-old. Also, the charge will not qualify as a Dangerous Crimes Against Children. If you are convicted, however, the following possible punishments for a first offense may be given to you:

  • Zero to 365 days in jail (or)
  • Three years up to 12.5 years in prison

If you have a prior conviction, the prison only range is:

  • 4.5 years up to 23.25 years in prison

If you have two prior convictions, the prison only range is:

  • 10.5 years up to 35 years in prison

Understanding Possible Defenses That Can Be Used for Sexual Exploitation of a Minor and Child Pornography

There are many defenses that can be used to help you if you have been charged with sexual exploitation of a minor or child pornography, or both. In order to be convicted, it must be proven that you “knowingly” possessed, recorded, filmed, photographed, duplicated, developed, sold, purchased, transported, or electronically transmitted or received any visual depiction of a sexual conduct with a minor or exploitive exhibition.

If it can be proven that you did not knowingly do any of those things, then it is very possible for the charges to be dismissed. Take for example that you are being charged with such charges because naked pictures of a minor were found on your work computer. If there were other people rather than yourself who had access to the computer, then it becomes much more difficult for the state of Arizona to pinpoint you as the offender. This type of defense tends to be especially valuable if you have no prior sex crime convictions.

If our law firm chooses to pursue your charges with this type of defense, we will do all we can to provide evidence that directly contradicts the evidence being presented by the prosecutor of the case. Generally, when Sexual Exploitation of a Minor takes place, the defendant’s computer will be confiscated and certain technical procedures will be conducted to trace the IP address and passwords that were used in relation to the crimes that took place. In addition, a clone of the hard drive is typically created so that no accusations can be made saying that someone tampered with the electronic device, such as adding images to it to falsely accuse the defendant. There is a good chance that we can have access to this hard drive to build the defense of your case.

If you inadvertently came across pictures on your electronic device, we can also use this as part of your defense case. In doing this, we can prove that you were knowingly possessing or exchanging inappropriate images. It is important, however, that if you come across such pictures and you realize what they are, that you report them immediately. The law in Arizona will typically immune someone of such charges as long as they report it in a timely manner, with the timely manner range being within three days.

Contact the Dwane Cates Law Group Today

Because we have handled such a high volume of Sexual Exploitation of a Minor and Child Pornography cases, we are confident we can handle your case in the most effective manner possible. We have access to a massive library of information that allows us to create the best defenses against these charges. We always look at your case from a variety of angles, ensuring that all possible defenses are created and used to have your charges either dismissed or lowered.

We understand the seriousness of these charges and we do not want to see you convicted. As we have already pointed out, the possible punishment and penalties that go along with convictions to these charges are extremely severe. We will assess your case from beginning to end, including whether or not you were properly read your Miranda Rights. If you were not, this could be a possible defense that can be used to have the entire case dismissed.

We will also assess whether you were denied your right to Counsel. Take for example you have been arrested for Sexual Exploitation of a Minor and you are taken to the police station before being transported to the local detention center. At the police station, a detective interviews you but you ask to speak with a lawyer. If the detective asks even one more question without allowing you to contact an attorney, this is a denial of right to Counsel. Depending on any other charges you are being charged with, a denial to the right to Counsel is another defense that could possibly have your case thrown out.

There are many procedures involved in charging someone with Sexual Exploitation of a Minor, including computer analysis, financial accounting reviews, hard drive data removal, and many more. If the police did not approach each of these procedures according to law, then you will have a strong defense for having the case dismissed.

Contact us today to learn more about building a strong case against Sexual Exploitation of a Minor and Child Pornography charges. We are here to assess all details of your case and we will deliver the best outcome possible.

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