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Posted on December 13, 2023 in Sex Crimes
Arizona penalizes all sex crimes involving children harshly. This includes the offense of furnishing harmful or obscene materials to a minor. If you are accused of this crime, it is important to contact a criminal defense lawyer as soon as possible to protect your rights. You could be at risk of serious and life-changing criminal consequences.
According to Arizona Revised Statute (ARS) Section 13-3506, it is unlawful to recklessly “furnish, present, provide, make available, give, lend, show, advertise or distribute” any item to a minor that is harmful to minors, with knowledge of the character of the item involved. This includes distributing obscene or sexually explicit materials to an individual under the age of 18.
This law does not apply to sending or transmitting items or materials over the internet. Instead, it refers to harmful or obscene physical materials, such as photographs, DVDs or pornographic magazines. If an individual knowingly distributes these items to minors, it is a violation of the statute. Breaking this law is a class 4 felony. A separate law is in place to prohibit furnishing minors with obscene materials via the internet.
ARS 13-3506.01 prohibits transmitting or sending an item or content that is harmful to minors by means of electronic mail, personal messaging or any other direct internet communication if the individual knows or believes that a minor will receive the item. This includes text message, email, instant message, direct message or Airdrop. This crime is also a class 4 felony, while failing to report a violation of this law is a class 6 felony.
If an individual in Arizona is arrested for an offense under ARS 13-3506 or 13-3506.01, he or she could face a class 4 felony charge. The consequences of this conviction will depend on the nature of the crime and the defendant’s criminal history. If convicted, the potential penalties include fines and up to one year in jail, or no jail time if the defendant qualifies for probation. With probation, the defendant may also be able to obtain a work furlough.
Some defendants face prison sentences, including a super-mitigated term of 1 year, a presumptive term of 2.5 years or an aggravated term of 3.75 years in prison. Felony convictions can also impact an individual’s future, such as the ability to get a job or find housing, as well as take away certain constitutional rights. Finally, if convicted of a felony sex crime, an individual may be required to join Arizona’s Sex Offender Registry for life.
Hiring a criminal defense lawyer can help you avoid the worst possible punishments if you are facing charges for furnishing harmful or obscene materials to a minor. Your attorney can analyze the circumstances surrounding your case, as well as your prior criminal record, to determine the best defense strategy for you. Possible defenses may include civil rights violations, lack of knowledge or intent, insufficient evidence of a crime, and mistake of age.
If you have been arrested for allegedly sending or showing sexually explicit or harmful materials to a minor under the age of 18 in Arizona, contact AZ Defenders without delay for a free and confidential case consultation with a criminal defense attorney. We can help you protect your rights with trustworthy legal advice and a custom-tailored defense strategy. We understand the consequences you could be facing for this crime and are here to help. Call (480) 908-9321 today.