The internet is a wonderful thing in many ways. It is incredibly easy to shop online, learn something new, or connect with friends. It can also be a place where sexual impulses can turn into criminal offenses.
There is not a single charge for “internet sex crimes” under Arizona law. However, there are many different charges, such as sexual exploitation of a minor and sex trafficking, that may either begin on the internet or occur completely online. While these charges often carry serious consequences, it is possible to defend against them with the help of an Arizona criminal defense lawyer.
Matthew Lopez Law fights for the rights of people charged with crimes throughout Arizona, including sex crimes that take place online and in real life. We work hard to help you get the best possible outcome for the charges against you. Contact our law offices to schedule a free initial consultation with a member of our legal team.
Potential Internet Sex Crime Charges
There isn’t a criminal charge in Arizona for “internet sex crimes.” However, there are many different criminal offenses that may start out on the internet. In some cases, such as child pornography, the crime may take place exclusively online. Below, we outline some common charges related to internet sex crimes.
Child Pornography
Under Arizona law, the production, possession, and/or distribution of explicit content featuring minors is a felony offense. Child pornography charges are referred to as sexual exploitation of a minor in Arizona.
A prosecutor may bring these charges whenever a person knowingly:
- Records, films, photographs, develops, or duplicates any visual depiction in which a minor is engaged in exploitative exhibition or other sexual conduct; or
- Distributes, transports, exhibits, receives, sells, purchases, electronically transmits, possesses, or exchanges any visual depiction in which a minor is engaged in exploitative exhibition or other sexual conduct.
Under this law, a minor is any person who was under the age of 18 at the time that the content was made or produced.
In the past, child pornography cases usually involved physical photos, DVDs, VHS tapes, or something similar. Today, most child sexual abuse material (CSAM) is distributed online. This can include everything from texting an explicit photo of a minor to sharing explicit videos of a minor through a website. Many child pornography cases are brought after internet service providers and platforms flag potential CSAM and alert law enforcement.
When child pornography is discovered on a person’s phone or computer or otherwise in their possession, the police will typically conduct a search for additional content. A prosecutor can then bring a separate charge for each photo, video, or other content that they find. This can often result in a person getting charged with numerous charges for sexual exploitation of a minor.
Child pornography is a Class 2 felony that is punishable by up to 10 years in state prison. This potential sentence is increased if the defendant has a prior criminal history or if the minor in the content is aged 15 or younger. In addition, anyone convicted of the sexual exploitation of a minor will be required to register as a sex offender for life.
Cyberstalking
In Arizona, stalking is a felony offense. When it involves contact over the internet or phone, it is referred to as cyberstalking. If it involves a sexual element, such as demanding explicit photos, it can be considered an internet sex crime.
Under Arizona law, a person commits the crime of stalking when:
- They intentionally or knowingly engage in a course of conduct directed towards a specific person; and
- The conduct causes that person to either suffer emotional distress or reasonably fear for their safety or the safety of an immediate family member.
Under this law, you can be convicted of stalking even if all of your contact with them happens online. For example, if you send repeated messages to an ex through text and various social media platforms, it could be considered stalking if it causes them emotional distress or fear for their safety. Notably, a person does not have to suffer a physical injury for a person to be convicted of stalking.
Stalking is a felony in Arizona. Depending on the facts of the case, it could be charged as a Class 3 felony or a Class 5 felony. A Class 3 felony is punishable by up to 7 years in state prison, while a Class 5 felony is punishable by up to 4 years in prison. This sentence can be increased if a person has a prior felony conviction.
In some cases, this type of behavior is charged as harassment instead of stalking. The main difference between the two crimes is that with harassment, a person feels seriously alarmed, annoyed, or harassed instead of emotionally distressed or in fear.
Harassment is a misdemeanor offense rather than a felony. If convicted, the potential sentence is up to 6 months in jail. Like stalking, harassment can include contact that exclusively takes place online or over the phone.
Online Prostitution/Solicitation
Under Arizona law, it is illegal to knowingly engage in prostitution. This is defined as taking part in, agreeing to, or offering to engage in sexual conduct with a person for money or other valuable consideration.
In Arizona, the state does not explicitly ban soliciting prostitution. This means that the state does not charge “Johns” who pay money for sex. However, many municipalities do ban solicitation, which can include online solicitation.
A prostitution charge requires some type of physical contact. For this reason, a purely online encounter will not lead to a conviction of prostitution. However, many people find clients online. This often leads to a criminal charge for prostitution.
Prostitution is a Class 1 misdemeanor in most cases. It is punishable by up to 6 months in jail and/or a fine of up to $2,500. The penalties are typically higher for repeat offenses. If a person is charged with prostitution for a fourth time, then it will be charged as a Class 5 felony. This is punishable by up to 4 years in state prison.
Sex Trafficking
Sex trafficking involves causing another person to engage in prostitution or a sexually explicit performance through deception, force, or coercion. In many cases, sex trafficking occurs online, whether an alleged victim is found through the internet or trafficked using online ads. Sex trafficking of an adult aged 18 or older is a Class 2 felony.
When the victim is a minor, then it is charged as child sex trafficking. Child sex trafficking can be charged whenever a person permits, entices, recruits, or receives any benefit for a minor engaging in prostitution. Child sex trafficking may also be charged whenever a person aged 18 years or older engages in prostitution with a minor.
Child sex trafficking is a Class 2 felony. It is punishable by between 13 and 27 years in state prison for a first offense for allowing or enticing a minor to engage in prostitution. For engaging in prostitution with a minor, the sentencing range is between 7 and 21 years for a first offense.
Sex trafficking is a serious criminal offense that will also result in mandatory sex offender registration. While it often starts on the internet, when it moves into real life, it can lead to criminal charges.
Defending Against Internet Sex Crime Charges
Any type of sex crime can be particularly difficult for the person accused. Many people hear about the charges and assume the worst. This can often lead to a person deciding to plead guilty instead of defending themselves against the charges.
In many cases, it is possible to get the charges reduced or even dismissed through skillful legal advocacy. Our experienced Arizona criminal defense lawyers will thoroughly analyze the facts of your case to develop a strong defense to the charges against you.
The exact defense will depend on the nature of the charges against you. For example, if you were charged with stalking, we might introduce evidence that shows that the alleged victim never suffered emotional distress. At best, they might have been annoyed or alarmed by communications, which would warrant a harassment charge instead of a felony stalking case. In some cases, we might even be able to show that there was no stalking or harassment whatsoever.
Other defenses may be based on the facts or Arizona law. For example, many internet sex crime charges require proof that you acted knowingly or intentionally. If the state cannot prove that you acted knowingly, then the charge must be dismissed.
In some cases, charges were brought after the police searched your phone or computer. If law enforcement seized and then searched your devices without a warrant or other legal justification, then it may allow us to get all of the evidence suppressed. This could result in the charges being dismissed.
The most important thing to remember is that a conviction is not a foregone conclusion in many internet sex crime cases. These charges can bring serious consequences, including (in some cases) mandatory lifetime registration as a sex offender. For this reason, it is critical to hire a skilled Arizona internet sex crimes attorney to protect your legal rights and your freedom.
Facing Internet Sex Crime Charges in Arizona? Give Us a Call.
Being charged with a sex crime of any type can cause a lot of stress and worry. If you have been charged with an internet sex crime, your first instinct may be to just plead guilty in the hopes that it will go away more quickly. Unfortunately, these charges can carry serious prison sentences and other consequences. Our law firm will work with you to defend you against internet sex crime charges.
At Matthew Lopez Law, we aggressively advocate for the rights of our clients, holding the state to its burden of proving every element of the offense beyond a reasonable doubt. If you are facing charges for child pornography, cyberstalking, sex trafficking, or another offense, we will fight for your rights. Call our law offices at 480-608-9998 or fill out our online contact form to schedule a free initial consultation with an Arizona criminal defense lawyer.