Facing sexual exploitation of a minor Arizona charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the ARS sexual exploitation of a minor law, which is often referred to as the law against child pornography. It explains key terms and the sentencing guidelines for sexual exploitation of a minor Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with ARS sexual exploitation of a minor, consult with a qualified Arizona sexual exploitation of minor lawyer as soon as possible.
What is Sexual Exploitation of a Minor?
Sexual exploitation of a minor, according to ARS 13 3553, is defined as knowingly engaging in any of the following acts:
- Creation: creating, copying, or developing any visual depiction of a minor involved in explicit or sexual acts.
- Distribution: sharing, transporting, displaying, receiving, selling, buying, sending, possessing, or exchanging any visual depiction of a minor involved in explicit or sexual acts.
- Sex Dolls: possessing, making, sharing, promoting, ordering, selling, or buying a sex doll that looks like a real child, with the intent to replicate their features.
Knowingly means being aware of actions or circumstances that make up the offense. It doesn’t require knowledge that the conduct is illegal; it only requires awareness of the actions or situation.
The definition of sexual acts is extremely broad and visual depiction of those acts include each visual image that is contained in an undeveloped film, videotape, photograph, or data stored in any form that is capable of conversion into a visual image.
Sentencing for ARS Sexual Exploitation of a Minor:
The severity of your charges depends on several key factors. The age of the depicted minor is the most critical factor. If the minor is under 15, the charge may escalate to a Dangerous Crime Against Children (DCAC), which carries significantly harsher penalties.
The following table summarizes the potential consequences for each image or video of child pornography:
| DCAC | Felony | Prison | Probation (max) |
|---|---|---|---|
| Non-dangerous | Class 2 | 3 – 12.5 years | 7 years |
| Dangerous | Class 2 | 10 – 24 years | Not available |
The number of images or videos involved will also affect your sentence. Each image or video can be considered a separate offense, resulting in cumulative or “stacked” sentences. For dangerous crimes against children, multiple sentences must be served consecutively, meaning one after another.
Frequently Asked Questions:
Key Takeaways:
- Definition and Scope: Sexual exploitation of a minor generally involves knowingly creating, sharing, or possessing visual depictions of a minor engaged in explicit or sexual acts.
- Elements of the Crime:
- Mental state: knowingly means being aware of the actions or circumstances that constitute the offense, without necessarily knowing the actions are illegal.
- Actions Involved: sexual exploitation of a minor is committed by recording, filming, photographing, developing, duplicating, distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, or exchanging visual depictions of a minor in explicit or sexual acts.
- Sentencing:
- Age of Minor: If the minor in the child pornography is under 15, the crime may be charged as a Dangerous Crime Against Children (DCAC) with much harsher penalties.
- Penalties for Non-DCAC Offenses: Class 2 Felony with 3 – 12.5 years in prison or up to 7 years probation.
- Penalties for DCAC Offenses: Class 2 Felony with mandatory prison of 10 – 24 years.
- Cumulative Sentences: Each image or video can be charged separately, leading to “stacked” sentences. Dangerous crimes against children require consecutive sentences.
Next Steps:
ARS sexual exploitation of a minor is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing sexual exploitation of a minor Arizona charges, under ARS 13-3553, engaging a skilled Arizona sexual exploitation of minor lawyer is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.