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Possession of “child pornography” is charged under the Sexual Exploitation of a Minor statute.
Pursuant to Arizona Revised Statutes § 13-3553, a person commits Sexual Exploitation of a Minor by either knowingly recording, filming, photographing, developing, or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct; or distributing, transporting, receiving, selling, purchasing, electronically transmitting, possessing, or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
“Exploitive exhibition” is defined by Arizona Revised Statutes § 13-3551 as the actual or simulated exhibition of the genitals or pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer.
“Sexual conduct” is defined by Arizona Revised Statutes § 13-3551 as actual or simulated sexual intercourse, penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure, sexual bestiality, masturbation for the purpose of sexual stimulation of the viewer, sadomasochistic abuse for the purpose of sexual stimulation of the viewer, or defecation or urination for the purpose of sexual stimulation of the viewer.
Sexual Exploitation of a Minor and possession of child pornography pursuant to Arizona Revised Statutes § 13-3553 is a class two felony and if the minor is under 15 years old is punishable pursuant to the Dangerous Crimes Against Children statute, Arizona Revised Statutes § 13-705.
If you are convicted of Sexual Exploitation of a Minor and the minor is older than 15 years, then you face between 3 and 12 years in prison. You may be granted probation which could last a lifetime.
If you are convicted of Sexual Exploitation of a Minor and the minor is younger than 15 years, then you face between 10 and 24 calendar years in prison. A calendar year is “flat time,” meaning you serve every day of the sentence.
Regardless of the age of the victim, a person convicted of Sexual Exploitation of a Minor pursuant to Arizona Revised Statutes § 13-3553 must register as a sex offender for the remainder of their life.
Typically, if you are charged with possession of child pornography pursuant to the Sexual Exploitation of a Minor statute, the prosecution will charge 10 images, even if there are more found. Because of the Dangerous Crimes Against Children statute, if you are convicted of 10 counts of Sexual Exploitation of a Minor and the minor is under 15 years of age, then you face at a minimum 100 calendar years in prison. This is because each count must run consecutively to the others, meaning you must serve each sentence on each count separately. This is a de facto life sentence.
When you are potentially facing a life imprisonment sentence, lifetime probation, and registration as a sex offender, you should be represented by a Phoenix sex crimes lawyer with the knowledge and experience to defend your Sexual Exploitation of a Minor case. The attorneys at AZ Defenders will aggressively and effectively find any weakness in the government’s case against you and utilize the best defenses to ensure the best possible outcome for you. Every criminal case is different, especially so when a sex crime is charged, but some defenses that AZ Defenders have successfully used to defend our clients include:
You shouldn’t face spending the rest of your life in prison and other horrific consequences without speaking with the Phoenix criminal defense attorneys at AZ Defenders to figure out how to best defend your Sexual Exploitation of a Minor case.