Arizona Sexual Exploitation of a Minor Lawyer Guide to ARS 13-3553
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 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 knowing engaging in any of the following acts:
- Creating, copying, or developing any visual depiction of a minor involved in explicit or sexual acts.
- Sharing, transporting, displaying, receiving, selling, buying, sending, possessing, or exchanging any visual depiction of a minor involved in explicit or sexual acts.
- 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 that you were aware of your actions or the circumstances that make up the offense. It doesn’t require that you knew your conduct was illegal; you only need be aware of what you were doing or the situation you were in.
The defintion of sexual acts is extremely broad and visual depiction of those acts include each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form and 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 crucial. If the minor is under 15, the charge may escalate to a Dangerous Crime Against Children (DCAC) designation, which carries significantly harsher penalties.
The following table summarizes the potential consequences for each image or video of child pornography involved in your case:
| 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:
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
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 that you are aware of the actions or circumstances that constitute the offense, without necessarily knowing the actions were illegal.
- Actions Involved: you commit sexual exploitation of a minor 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 and up to 7 years probation.
- Penalties for DCAC Offenses: Class 2 Felony with 10 – 24 years in prison and no probation available.
- Cumulative Sentences: Each image or video can be charged separately, leading to “stacked” sentences, especially for dangerous crimes against children, which 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.