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How Does Arizona Prosecute Child Pornography Crimes?

How Does Arizona Prosecute Child Pornography Crimes?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Sex Crime Defense

5.0 · Sex Crime Defense

Arizona charges each individual image separately under its child pornography statute, which is why these cases carry such severe cumulative penalties—here’s how that works.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Sex Crime Defense

★★★★★ 5.0 · Sex Crime Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Understanding Child Pornography Laws in Arizona

 

Introduction

Child pornography is a serious crime that has far-reaching consequences, not only for the individuals involved but also for society as a whole. In Arizona, the laws surrounding child pornography are strict and vigorously enforced to protect the rights and well-being of minors. In this blog, we will delve into the child pornography laws in Arizona, discussing the key statutes involved and their implications.

Arizona Revised Statutes Title 13, Chapter 35

Child pornography laws in Arizona can be found primarily in Title 13, Chapter 35 of the Arizona Revised Statutes. It is crucial to understand these statutes to be aware of what constitutes a crime and what penalties can be imposed. Let’s take a closer look at some of the key provisions:

  1. A.R.S. § 13-3553 – Sexual exploitation of a minor: This statute makes it unlawful for anyone to knowingly record, photograph, develop, or duplicate any visual depiction of a minor engaged in explicit sexual conduct. Explicit sexual conduct includes various sexual acts, and the statute applies even if the minor is not aware that they are being recorded or photographed.
  2. A.R.S. § 13-3554 – Aggravated sexual exploitation of a minor: This statute enhances penalties for individuals who commit sexual exploitation of a minor when certain aggravating factors are present. For instance, if someone involved in the exploitation has a prior conviction for a similar offense, they may face more severe consequences.
  3. A.R.S. § 13-3555 – Possession of explicit material involving minors: This statute criminalizes the possession of explicit material involving minors. It is important to note that even if you did not create the material, mere possession can lead to criminal charges.
  4. A.R.S. § 13-3556 – Sexual conduct with a minor under 15 years of age: While not directly related to child pornography, this statute addresses sexual conduct with minors. It’s essential to be aware of this statute because it can intersect with child pornography cases when explicit sexual conduct is involved.

More Penalties and Consequences

Child pornography offenses in Arizona are treated with the utmost severity, and the consequences can be life-altering. Penalties for these crimes may include:

  1. Prison time: Convictions for child pornography-related offenses often result in significant prison sentences, with aggravated offenses leading to longer terms.
  2. Fines: The fines imposed can be substantial, and they can vary depending on the specific offense and the defendant’s criminal history.
  3. Registration as a sex offender: A conviction for a child pornography offense typically requires registration as a sex offender, which carries its own set of restrictions and social stigmas.
  4. Probation: In some cases, probation may be granted instead of or in addition to prison time. Probation comes with strict conditions that must be followed.
  5. Civil penalties: In addition to criminal penalties, offenders may also be subject to civil lawsuits, where victims can seek compensation for the harm they have suffered.

Defenses and Legal Assistance

If you or someone you know is facing child pornography charges in Arizona, it is imperative to seek legal counsel immediately. There are potential defenses that a skilled attorney can explore, such as lack of intent or mistaken identity. An experienced lawyer can help build a strong defense tailored to your specific case.

Conclusion

Child pornography is a grave offense with severe consequences under Arizona law. Understanding the statutes involved and the potential penalties is essential to avoid getting caught up in the criminal justice system. If you or someone you know is facing child pornography charges in Arizona, contact Tamou Law Group PLLC at 623-321-4699 for experienced legal assistance. Our experienced attorneys can guide you through the legal process and work tirelessly to protect your rights and interests. Remember, timely legal action is crucial, so don’t hesitate to reach out for help.

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Common Questions

Frequently Asked Questions

Is possessing child pornography a felony in Arizona?

Yes, possessing child pornography is a class 2 felony in Arizona, charged as sexual exploitation of a minor under A.R.S. 13-3553. When the child depicted is under 15, the offense becomes a dangerous crime against children, carrying a mandatory prison sentence for each image possessed.

How much prison time can you get for child pornography in Arizona?

A conviction involving a minor under 15 carries 10 to 24 years in prison per image under A.R.S. 13-705, and Arizona requires those sentences to run consecutively. Because each picture or video is a separate count, defendants routinely face potential sentences of several decades.

Can you be charged for child pornography that was accidentally downloaded in Arizona?

You can be charged, but the State must prove you knowingly possessed the material, so accidental downloads, viruses, cached files, and shared computers are real defenses under A.R.S. 13-3553. A forensic examination of the device often shows whether files were deliberately searched for, saved, or viewed.

Does a child pornography conviction require sex offender registration in Arizona?

Yes, a conviction for sexual exploitation of a minor requires sex offender registration under A.R.S. 13-3821, and for adults the duty generally lasts for life. Registration restricts where you can live and work and appears on public websites, which is why avoiding conviction is critical.

What counts as sexual exploitation of a minor under Arizona law?

Under A.R.S. 13-3553, sexual exploitation of a minor means knowingly recording, filming, photographing, developing, duplicating, distributing, transporting, receiving, or possessing any visual depiction of a minor engaged in exploitive exhibition or sexual conduct. Simply viewing or saving a single image can qualify as possession.

How long does Arizona have to file child pornography charges?

There is often no deadline: under A.R.S. 13-107, sexual exploitation offenses committed against a minor under 15 may be prosecuted at any time. When the standard limit applies, Arizona allows seven years for a class 2 felony, and the clock does not start until the offense is discovered.

Can child pornography charges be dismissed in Arizona?

Yes, charges can be dismissed or reduced when the evidence is flawed, most often through suppression of an illegal search, proof that possession was not knowing, or doubts about who used the device. Early defense work, before indictment, gives the best chance of avoiding charges entirely.

What should I do if police seize my computer in a child pornography investigation in Arizona?

Do not answer questions, do not consent to further searches, and hire a defense lawyer immediately, because charging decisions often follow months after a device seizure. What you say now can decide the case, so get counsel before detectives call. Call 623-321-4699, 24/7.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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