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Posted on January 30, 2025 in Sex Crimes
What you may have heard described as child pornography, Arizona law refers to as “sexual exploitation of a minor,” which is anyone under the age of 18. This is a serious statutory crime in Arizona under ARS 13-3553.
If you are being accused of sexual exploitation of a minor in Arizona, you are facing a class 2 felony, which carries with it a minimum of 10 years imprisonment.
The AZ Defenders experienced attorneys can answer your questions, represent you in negotiations with prosecutors, and, if necessary, defend you in court. Call us at (480) 456-6400 to speak with an experienced Arizona sex crimes defense lawyer.
In Arizona, a person commits sexual exploitation of a minor if that individual has a visual depiction of a minor engaged in an exploitative exhibition or other sexual conduct. It is illegal to:
Note that under Arizona law, “sexual conduct” includes simulated as well as actual sexual activity or sexual contact.
Also note that sexual exploitation of a minor is not the same as commercial sexual exploitation of a minor, which is a separate crime under ARS 13-3552.
Sexual exploitation of a minor, ARS 13-3553, is a class 2 felony and is a “Dangerous Crime Against Children” or DCAC.
If a minor is portrayed in a visual depiction, the crime is punishable under ARS 13-705(F) as a “dangerous crime against children.”
The sentencing range for child pornography charges that qualify as dangerous crimes against children is as follows:
Each visual depiction counts as a separate count, and if you are convicted, these separate counts are imposed consecutively or “stacked.” So, if you are charged for having three photos of a minor, you would be sentenced to at least 30 years in prison.
If you are at least 21 years of age and are sentenced under ARS 13-705(F), then you will be included on the Arizona Sex Offender registration under ARS 13-3827(A)(2)(b).
Defenses to charges of sexual exploitation of a minor generally rely on casting a reasonable doubt on the ability of the prosecution to prove that you possessed or otherwise engaged in prohibited activities.
A common defense in a child sexual exploitation criminal case is a lack of awareness that the minor depicted was under the age of 18.
How successful this defense is depends on the specific circumstances; for example, if the minor alleged victim depicted is 17 years old, this defense has a better chance of success than if the minor is 12 years old, as determining ages from photographs and/or depictions is subjective.
Similarly, a denial of simple possession of child pornography depends on the circumstances of where the visual depictions are found. If, for example, you are sharing a home with someone else, and both of you use the same computer, then claiming that the other person downloaded the images on that computer may be more persuasive than if you were caught with a collection of magazines under your bed or images on your smartphone.
Other possible defenses include claiming that the police obtained the evidence against you through an illegal search or that they violated your constitutional rights by failing to follow proper procedures like informing you of your Miranda rights when taking you into custody and subjecting you to questioning, or that law enforcement failed to maintain a proper chain of custody of the evidence it has gathered against you.
If you or a loved one is facing any kind of sexual offense charge, including sexual exploitation of a minor, then contact a skilled Phoenix sex crimes lawyer at AZ Defenders.
Whether you’re facing child molestation, child pornography, violent sexual assault, statutory rape, or any other sex crime charge, we can help. We have a criminal law specialist and over 150 years of combined experience among our attorneys.
Call our Phoenix criminal defense firm at (480) 456-6400 or contact us online to schedule a free consultation with an experienced criminal defense attorney.