Possession of or the transmission of child pornography is a serious crime in Arizona, and is a heavily punished Felony nationwide, sometimes resulting in life imprisonment. Being such a serious crime, it is of utmost imperative to contact a criminal defense attorney immediately. If you suspect you have been wrongly accused with possession of or transmission of child pornography, or are wondering what your legal options are, it is of time-sensitive importance to contact an attorney as soon as possible. Child pornography accusations can drastically and dramatically alter someone’s life, as such is best resolved sooner and with expert advice.
What is Child Pornography, and What is Possession of it ?
In order to understand any moving forward with accusations, it is important to identify and have an understanding over what child pornography is characterized as and classified as legally.
First and foremost, it is important to recognize that there are no legal protections for child pornography as expression of a First Amendment Right, but rather is considered contraband under federal law. Section 2256 of Title 18 in the United States Code defines child pornography as any visual depiction of any sexually explicit conduct involving a minor.
This depiction includes any photograph, image, or video taken, manufactured digitally, or modified to include the likeness in appearance of an identifiable minor. Any undeveloped film or electronically stored data that can be converted into an image or video are also deemed child pornography under federal law.
As such, federal law considers possession and transmission of child pornography as the production, distribution, importation, reception, or possession of any of the content previously mentioned.
The state of Arizona maintains concurrent jurisdiction of all child pornography cases alleged to have been committed in Arizona. Arizona entitles the crime, “sexual exploitation of a minor.” The penalties are severe: mandatory prison sentences of a minimum-10/presumptive-17/ and maximum-24 “flat” years in prison for each image. Each count MUST run consecutively. We understand that the sentence seems so severe. County attorneys will charge a person with 10-12 counts, ensuring that a loss at trial will result in a mandatory sentence of 100-120 years. Plea offers often begin at 17 years. Sometimes it seems as if one Arizona county tries to compete with the other counties to see who can be more stringent.
What Steps to Take Following Child Pornography Accusations
Accidental access to child pornography is rare, but not impossible. If you believe you have been wrongly accused, the first step is to remain calm. The most important step to follow, however, is to find a sex crime attorney immediately. If the authorities have been contacted, it is important to remain silent until your attorney is present or has given you the advice that is best suited to help your case and situation. It is important to hire an experienced attorney well versed and specializing in sex crime, as they we what will be the best route to take given your unique circumstances.
Call the Right Attorneys for Criminal Defense
Possession of child pornography is a serious offense, and is heavily fined and punished if convicted. If you have been wrongfully accused of possessing or transmitting child pornography, it is critically important to get hold of the right legal team right away. Accusations and convictions regarding sexual offenses can and do often dramatically change one’s life and future, so having the right help and advice will go a long way.
With vast criminal defense experience, our Phoenix criminal attorneys at Blumberg & Associates understand how stressful these accusations can be. We are here to help you restore your title or get the best defense possible. To schedule a free consultation with us, please do not hesitate in contacting our team of attorneys at (602) 277-6180 today.