The possession, distribution, production, or promotion of child pornography, sometimes alternatively referred to as child sexual abuse material (CSAM), is treated especially harshly in Arizona compared to most other types of criminal offenses. Even first-time offenders with no prior convictions on their record may be sentenced to multiple years of imprisonment upon conviction for this type of offense.
Put simply, fighting criminal allegations of any kind involving CSAM is not something you want to try handling on your own, or without the support of an experienced Phoenix, AZ child pornography lawyer. If you have been accused of this type of offense, our criminal attorneys at Phillips Law Group can help you construct a strong defense strategy and pursue the best possible resolution to your case.
What Constitutes Child Pornography?
Child pornography offenses are addressed under Arizona Revised Statutes §13-3553v, which collectively defines recording, distributing, exhibiting, possessing, or knowingly receiving child pornography as sexual exploitation of a minor. As per the definitions listed under A.R.S. §13-3551, any visual depiction of someone under the age of 18 engaged in any form of sexual intercourse, being subjected to sexual contact, or engaged in exploitive exhibition of intimate areas of their body qualifies as child pornography.
These sections of state law also prohibit the possession, manufacture, and distribution of any child sex doll intended to replicate the physical and facial features of an identifiable and real minor under the age of 12. A Phoenix, AZ child pornography attorney can go into more detail during a confidential consultation about exactly how state authorities approach these definitions and what that might mean for a particular case.
How the Age of a Depicted Child Impacts Sentencing Guidelines
Sexual exploitation of a minor, as defined above, is categorized as a class 2 felony offense, which means that defendants with no prior felony convictions would be subject to the sentencing guidelines outlined in A.R.S. §13-702. Under these guidelines, someone convicted of this offense could be sentenced to anywhere from three to 12.5 years of imprisonment, depending on the presence of certain mitigating or aggravating conditions.
However, if someone possesses, manufactures, distributes, or otherwise acts unlawfully with CSAM depicting a minor under the age of 15, the sentencing guidelines established under A.R.S. §13-705 for “dangerous crimes against children” would apply instead. Under these guidelines, a first-time offender may be subject to between 10 and 24 years of imprisonment upon conviction, with the presumptive sentence being 17 years.
To reiterate, these guidelines apply only to first-time offenders, and repeat offenders may be subject to even harsher sentencing guidelines. Once again, this is the kind of thing a child pornography defense lawyer in Phoenix, AZ can offer further guidance about while constructing a defense custom-tailored to a specific case.
Discuss Legal Options With a Phoenix, AZ Child Pornography Attorney
No matter what your past looked like, your future can be redefined at a moment’s notice if you are accused of doing anything illegal with child pornography. That said, you still have important rights when facing charges of this nature, and you also have help available from skilled legal professionals to understand and enforce those rights.
A Phoenix, AZ child pornography lawyer from Phillips Law Group can provide the legal support you need to achieve the best possible resolution to your criminal proceedings. Schedule a free, no-obligation consultation with one of our team members by calling today.
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