Arizona Child Pornography Crimes
In Arizona, the possession or distribution of child porn is called sexual exploitation of a minor. It is a serious charge, subject to a prison sentence of 10 to 24 years for each image knowingly possessed. If you are under investigation for or have been charged with possession or distribution of child pornography, our Phoenix child pornography attorneys offer a free initial consultation to evaluate your case.
In Arizona, a person can be charged with sexual exploitation of a minor for:
Recording, filming, photographing, developing or duplicating any visual depiction in which a minor (under 18 years of age) is engaged in exploitive exhibition or other sexual conduct
Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging such images
The main provision outlining Arizona's child pornography law includes:
- A.R.S §13-3553 - Sexual Exploitation of a Minor
Possession of child pornography is a registration offense under Arizona’s sex offender registration law. Possession of child pornography can also lead to the loss of your parental rights under a civil action by Arizona Child Protective Services.
Federal Child Pornography Crimes
The federal government has made the prosecution of child pornography cases a priority under the “Protect Act”, which means you could be charged in state or federal court. Both state and federal prosecutors consider the prosecution of child pornography a priority and are not looking to make these charges probation eligible matters.
18 U.S.C. § 2251 - Sexual Exploitation of Children
(Production of child pornography)
18 U.S.C. § 2251A - Selling and Buying of Children
18 U.S.C. § 2252 - Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution and receipt of child pornography)
18 U.S.C. § 2252A - Certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2260 - Production of sexually explicit depictions of a minor for importation into the United State
Are there First Amendment Protections?
Child pornography is one of the explicit categories of content not protected by the First Amendment, which guards the freedom of speech. This distinction arises from the fact that the production of child pornography involves the exploitation and abuse of children, which is a criminal act in itself. The Supreme Court, in various rulings, has maintained that the government has a compelling interest in protecting the physical and psychological well-being of minors. Therefore, laws criminalizing the production, distribution, and possession of child pornography are seen as necessary to prevent the harm caused to children. This is why child pornography stands outside the scope of First Amendment protections, and its prohibition does not infringe upon the constitutional rights of free speech and expression.
Defenses in a Child Pornography Case
Defenses in a child pornography case include:
Police did not have a valid warrant for seizing computer evidence.
Other people had access to your computer.
The images were in your temporary cache or unallocated space. Accidental viewing of child pornography is not a crime if you did not do anything with the images, such as saving or distributing them.
The images are not real children. Possession of virtual child pornography is not a crime.
Get Free Attorney Consultation For Child Pornography Charges
When facing serious charges such as those related to child pornography, the attorney you choose can significantly shape the outcome of your case. As a seasoned child pornography lawyer, Bruce Blumberg brings a wealth of experience and a nuanced understanding of the intricacies of child pornography criminal defense. His expertise spans understanding digital forensics to interpreting state and federal laws, providing a robust defense that considers every aspect of your case.
Bruce's proficiency as a child pornography attorney is underpinned by his ability to anticipate prosecution tactics and craft compelling defense strategies, honed over thousands of cases and more than 30 years in practice. He understands the grave implications of child pornography charges and the potential for harsh sentencing, making his support invaluable during such challenging times. Choosing Bruce Blumberg means choosing a dedicated advocate who will tirelessly work towards the best possible outcome in your child pornography criminal defense case.
If you are under investigation for or have been charged with knowingly viewing, possessing or manufacturing child pornography in Arizona, please contact a lawyer at Blumberg & Associates in Phoenix as soon as possible. The sooner you contact a defense attorney, the more your attorney can do to protect your rights and your future!
