Child pornography is a very serious offense. If you have been charged with distributing, creating, or possessing this type of pornography, you may face severe penalties. A Goodyear sex crimes lawyer may be able to help you defend against this charge.
Suzuki Law Offices offers unique legal solutions for criminal cases. Our Goodyear criminal defense lawyer is ready to fight for you. To learn more, reach out to us.
Child Pornography Charges in Goodyear, Arizona
In Arizona, child pornography is classified as sexual exploitation of a minor. Across the state, anyone under the age of 18 is considered a minor. Based on Arizona Revised Statute §13-3553, instances where someone is considered to be sexually exploiting a child may include:
Video-Taping a Minor Engaged in Exploitive Exhibition or Sexual Contact
Exploitive exhibition refers to displaying the genitals, pubic area, or rectal area for sexual stimulation. It is against the law to record, film, photograph, develop, or replicate images of a child engaged in exploitative exhibition or sexual contact. If someone does any of these things to a minor, they may be charged with child pornography.
Possessing Depictions of a Minor Engaged in Exploitive Exhibition or Sexual Contact
When someone has photos or videos of a minor committing exploitative exhibition or sexual contact, they may face a child pornography charge. Someone who purchases or receives such images or videos may also be charged with possession of minor pornography. They may receive this charge if they buy or possess this content in a digital or non-digital form.
Distributing Child Pornography
No one is allowed to distribute pornography that depicts children. They can be charged if they are found to be selling, transporting, exchanging, developing, replicating, or electronically transmitting this type of pornography. This charge may impact an individual for the rest of their life.
At Suzuki Law Offices, our team may be able to help you defend against a sex crime charge. Our Goodyear child pornography defense attorney can explore options to challenge any false allegations against you. For more information, contact us today.
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Get StartedCommon Types of Child Pornography
According to research, child pornography is considered sexual abuse material. It refers to any content that depicts sexually explicit activities involving a minor. This content may include photos, videos, and digital- or computer-generated images.
Arizona classifies pornography of minors as a Class 2 felony. If a child under the age of 15 is depicted in content, this type of pornography may be considered a “dangerous crime against children.” In this scenario, each picture may come with a punishment of 10 years in prison.
In a child pornography case, a prosecutor may try to stack multiple counts of sexual exploitation of a minor on top of one another. For example, an individual may face 10 separate counts of sexual exploitation of a child, with each one having a 10-year prison sentence. If this individual is convicted on all counts, they may face 100 years in prison.
Lawyer Near Me 602-682-5270Penalties of a Conviction
There is a minimum 10-year prison sentence for a child pornography conviction. Every count of minor pornography must be served consecutively. The First Amendment does not protect against charges on the grounds of pornography of children.
As a Class 2 felony, each conviction a person receives may last anywhere from 10 to 24 years. The exact length of time depends on the case. If convicted, a person will also need to register for the Arizona Sex Offender Registry.
You can be convicted of child pornography for activities involving anyone under the age of 18. Penalties may be increased if you are convicted of pornography of children involving a child 15 or younger. A child pornography defense attorney in Goodyear can answer frequently asked questions and many others about the penalties of a conviction and may help you find ways to avoid these consequences.
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Collateral Consequences
A person may violate child pornography laws without realizing it. Regardless, the consequences of their actions may affect them for many years to come. In addition to prison time, the collateral consequences of being charged with or convicted of pornography of children may include:
- Loss of parental rights
- Limited access to job and educational opportunities
- Restricted access to housing opportunities
- Damage to your reputation with family and friends
A child pornography defense lawyer in Goodyear cannot change the fact that you were accused of sexual exploitation of a minor. However, they make no assumptions about you or your case. Instead, they focus on learning about you and your case and trying to find ways to help you defend against any charges you face.
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Defending Against Child Pornography
It may be difficult to defend against a charge of child pornography. To date, several legal defenses have been used to help those accused of this charge. These include:
- Showing a person depicted in a photo or video was not a minor
- Providing evidence that indicates a photo or video does not display sexually explicit content
- Illustrating that a defendant did not knowingly possess photos or videos of a minor
No two child pornography cases are exactly the same. An attorney can review the facts of your case and the charge against you. This may help them develop a legal strategy specific to your case.
Pretrial Diversion/Plea Agreements
Per the U.S. Department of Justice (DOJ), pretrial diversion is “generally not favored” in child pornography cases. There are times when this may be an option. If diversion is approved, you may be able to enter a program to circumvent a lengthy prison sentence.
A plea agreement may be a viable alternative to a trial. The agreement may allow you to accept a lesser penalty than the one the prosecution originally proposed. This enables you and the prosecution to resolve your case in less time than what may be required for a trial.
Pretrial diversion and plea agreements may be options for you. An attorney can discuss each one with you. They can explain the pros and cons of both, helping you make an informed decision about what to do with your case.
Contact Suzuki Law Offices for Help
If you are dealing with a child pornography charge in Goodyear, the team at Suzuki Law Offices may be able to help you out. We are committed to providing you with exceptional legal service. To schedule a free consultation, contact us today.
Call or text 602-682-5270 or complete a Free Case Evaluation form
