Under both Arizona state and federal law, the production, possession, and distribution of child pornography is a criminal offense. Child pornography is also referred to as child sexual abuse material (CSAM), so you may see both terms. This wording reflects the reality that minors cannot consent to having sexual photos or videos taken.
In Arizona, sexual exploitation of a minor is a felony offense that is punishable by up to 10 years in prison. A conviction will also lead to mandatory registration as a sex offender. Our Arizona criminal defense lawyers will fight to protect your rights and your freedom if you have been charged with a crime related to child pornography/CSAM.
Matthew Lopez Law represents clients who have been charged with a variety of criminal offenses in Arizona, including sex crimes. We work tirelessly to protect our clients and get them the best possible outcome for the charges against them. Reach out to our law firm today to schedule a free initial consultation with an Arizona child pornography attorney.
Arizona Child Pornography Laws
In Arizona, it is illegal to make, distribute, or possess child pornography. This crime is known as the sexual exploitation of a minor.
A person may be convicted of sexual exploitation of a minor if they knowingly:
- Record, film, photograph, develop, or duplicate any visual representation or depiction of a minor engaged in exploitative exhibition or other sexual conduct; or
- Distribute, transport, exhibit, receive, sell, purchase, electronically transmit, possess, or exchange any visual depiction of a minor engaged in exploitative exhibition or other sexual or explicit conduct.
In other words, you can be convicted of this criminal offense for producing child pornography or for selling or possessing it.
For purposes of this charge, a minor is anyone who was under the age of 18 when the video, photo, or other recording was made. Exploitative exhibition means either actual or simulated exhibition of the genitals, pubic area, or rectal areas of any person for the viewer’s sexual stimulation. Sexual conduct means actual or simulated:
- Sexual intercourse between persons of the same or opposite sex,
- Penetration of the vagina or rectum by an object,
- Sexual bestiality,
- Masturbation,
- Sadomasochistic abuse, or
- Defecation
Importantly, a person can be charged for each piece of CSAM that they produce, possess, or sell. For example, if a person allegedly has 100 CSAM files on their computer, they could be charged with 100 separate counts of sexual exploitation of a minor.
Penalties for Sexual Exploitation of a Minor in Arizona
The possession, sale, or production of child pornography is a serious crime in Arizona. It is charged as a Class 2 felony.
If a person charged with sexual exploitation of a minor has no prior criminal convictions, then the sentencing range for this offense is between 4 and 10 years in state prison. Any criminal history could increase the sentencing range. In addition, if the minor in question was under the age of 15 at the time, then the crime is considered a dangerous crime against children. This increases the maximum sentence to 24 years in prison.
In addition to prison time, anyone convicted of sexual exploitation of a minor will be required to register as a sex offender. They will also be listed on the public sex offender registry.
If the alleged conduct involves the production of CSAM, then the state may bring other charges. This could include offenses such as molestation of a child, luring a minor, and/or sexual conduct with a minor. A conviction for any of these offenses may result in a lengthy prison term and mandatory registration as a sex offender.
Sexual exploitation of a minor is an incredibly serious criminal charge. In addition to years or decades in prison, a conviction will also change your life forever due to the stigma and sex offender registration requirements. Our Arizona child pornography defense lawyers will work with you to develop the strongest possible defense to the charges against you and help you get the best possible outcome.
Are There Potential Defenses to Child Pornography Charges?
If you are charged with sexual exploitation of a minor, you may feel ashamed and embarrassed. You may also think that there is no point in fighting the allegations. While child pornography charges are incredibly serious, it is often possible to defend against them with the help of an Arizona criminal defense attorney.
First, a person can only be convicted of sexual exploitation of a minor if the prosecution proves that they acted knowingly. If you did not knowingly produce, sell, or possess child pornography, then it may be a possible defense to the charges against you.
For example, consider a situation where a friend sent you a sexual image of someone that he is dating. You assume that because your friend is an adult, the image is also of an adult, and save it to your phone. You did not know that the photo was actually of a 16-year-old girl. If you are charged with sexual exploitation of a minor, your defense attorney could potentially argue that because you had no way of knowing that the image was of a minor, you did not knowingly possess CSAM.
Similarly, consider a situation where you come across a couple engaged in sex in a public place. You get your phone out, take a video, and then send it to friends. Later, you learn that the people having sex were teenagers. In this situation, your lawyer might be able to make a case that you cannot be charged with producing or distributing child pornography because you did not do so knowingly.
Another possible defense to a sexual exploitation of a minor charge is that the person depicted in the photos and/or videos is not actually under the age of 18. There are many people who look much younger than their age, including young adults. They may also style themselves to look much younger than they are.
A sexual exploitation of a minor charge requires proof that the person in the photos or videos actually is a minor. If an adult dresses up to look younger, then anyone who possesses, produces, or sells pictures of that adult cannot be convicted of that crime.
This defense may also come into play in cases involving images generated using artificial intelligence (AI) or otherwise doctored photos or videos. Technology allows a person to create all kinds of images or to alter existing photos and videos. If the person in that image isn’t real or if they are an adult, then your lawyer may be able to argue that the material is not child pornography.
Of course, cases involving AI and other technology can be more complicated. The important thing to remember is if the original image was of a minor, then altering it to be pornographic using technology may still be considered sexual exploitation of a minor. In these situations, it is possible to be convicted even if the original image was not exploitative.
A common defense in many child pornography cases involves every American’s right to be free from warrantless searches and seizures. Essentially, if law enforcement illegally searched your home, your vehicle, your phone, or your computer, then the results of that search could be suppressed under the Fourth Amendment. This may lead to a dismissal of charges if the prosecutor cannot introduce evidence that you produced, sold, or possessed child pornography.
In modern cases, child sexual abuse material is most often made, delivered, and stored electronically. Big technology companies like Google use special algorithms to scan images and videos for potential CSAM and then ultimately report any violations to law enforcement. This raises important and complex legal issues that may be addressed in your case.
There are other potential defenses to a sexual exploitation of a minor charge, depending on the facts of your case. For example, if the CSAM was found on a computer that you shared with your roommates, it may be possible to argue that you never possessed child pornography. Our Arizona criminal defense lawyers will thoroughly investigate the case against you to determine if there are other possible legal or factual defenses.
Finally, there are some cases where it may be hard to defend against child pornography charges because there is incontrovertible evidence that you did possess, produce, or distribute CSAM. In this situation, it is still helpful to have skilled legal representation.
Remember: prosecutors can charge you for each and every image or video. This can lead to dozens or even hundreds of criminal charges. An experienced attorney can often work to convince the state to dismiss many of the charges in exchange for a guilty plea. An agreement with the prosecutor may be the best outcome in certain cases. Our legal team will review the facts of your case and advise you on the best possible strategy based on Arizona law.
How Our Law Firm Can Help
Being charged with child pornography or sexual exploitation of a minor can be absolutely devastating. A conviction can lead to years in prison plus a requirement to register as a sex offender for life. As seasoned Arizona sex crimes attorneys, we can work with you to develop a strong defense to the charges and help you achieve the best possible outcome.
At Matthew Lopez Law, we treat each of our clients with compassion and respect while zealously advocating for their rights under Arizona law and the U.S. Constitution. For each case, we investigate the facts, analyze the law, and develop a proactive strategy to get you a better result. To learn more or to schedule a free initial consultation with an Arizona child pornography attorney, give us a call at 480-608-9998 or fill out our online contact form.