Top Fort Defiance, AZ Child Pornography Lawyers Near You
98 Church Street, Rockville, MD 20850
3 Winners Cir, Suite 306, Albany, NY 12205
11125 Zealand Avenue North, Champlin, MN 55316
1010 South Harrison Street, PO Box 31718, Amarillo, TX 79120
66 Brooks Drive, 2nd Floor, Braintree, MA 02184
612 SE 5th Ave, Suite 3, Fort Lauderdale, FL 33301
2100 Southbridge Parkway, Suite 650, Birmingham, AL 35209
112 Water St, 3rd Floor, Boston, MA 02109
8565 Dunwoody Pl, Suite A, Atlanta, GA 30350
440 Louisiana Street, Suite 200, Houston, TX 77002
5250 North Palm Avenue, Suite 310, Fresno, CA 93704
580 Village Blvd., Suite 200, West Palm Beach, FL 33409
811 Main Street, Suite 2500, Houston, TX 77002-4499
420 Wall Street, Jeffersonville, IN 47130
501 W. Broadway, Suite 1100, San Diego, CA 92101
100 Crescent Court, Suite 700, Dallas, TX 75201
15303 Ventura Blvd., 9th Floor, Sherman Oaks, CA 91403
36400 Woodward Ave., Suite 210, Bloomfield Hills, MI 48304
15840 Ventura Boulevard, Suite 201, Encino, CA 91436
400 North Ashley Street, Suite 1700, Tampa, FL 33602
3977 Chain Bridge Road, Suite 201, Fairfax, VA 22030
204 E Calder Way, Suite 201, State College, PA 16801
418 Pirkle Ferry Rd, Ste 104, Cumming, GA 30040
2300 Freeport Road, Suite 10, New Kensington, PA 15068-4669
19000 33rd Ave W, Suite 100, Lynnwood, WA 98036
Fort Defiance Child Pornography Information
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What Is Considered Child Pornography?
Under federal law, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under the age of 18). Sexually explicit conduct means actual or simulated:
- Sexual intercourse
- Bestiality
- Masturbation
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area
Child pornography may also include images or videos of child sexual abuse. In the past, pornography generally involved videos or photos. However, visual depictions of sexual activity may take many other forms, including any undeveloped film, data stored on a computer disk, data capable of conversion into visual imagery, peer-to-peer file sharing, or computer-generated child porn images.
Laws against child pornography make it a crime to be involved in the material in any way, including:
- Possession
- Receiving
- Trading and distribution
- Reproduction
- Production
- Solicitation
What Are the Elements of Child Pornography Charges?
When someone is accused of possession of child pornography, the prosecutor has the burden of proof to prove every element of the criminal charges beyond a reasonable doubt. The elements vary by jurisdiction but generally include the prosecutor proving the defendant knowingly possessed or controlled material containing a visual depiction of a minor involved in sexually explicit conduct.
What Are the Penalties for Child Pornography in Arizona?
Child pornography is a form of child exploitation. The courts take sexual exploitation of a child charges very seriously. There are harsh penalties for possession, distribution, or receipt of child porn material, even if the individual was not involved in direct abuse. In general, any child pornography charge is a felony. Penalties depend on a number of factors, including the amount of material involved, age of the victim, participation in abuse, and prior child pornography convictions.
For example, under federal child pornography laws, a first-time offender convicted of production of child pornography can face a minimum of 15-year prison sentence. A second offense is punishable by imprisonment from 25 years to 50 years. A third conviction includes a maximum of life in federal prison.
When a judge uses sentencing guidelines, they may take into account a number of factors. Aggravating factors can involve harsher penalties, up to the maximum sentence. Aggravating factors in child pornography cases may include:
- Explicit depictions of a minor under the age of 12
- Distribution of material to a minor
- Sadistic, masochistic, or violent depictions
- Number of images of child pornography
Will I Have to Register as a Sex Offender in Arizona?
After release from imprisonment or serving out probation, someone convicted of possession or distribution of child pornography may have to register as a sex offender. Mandatory sex offender registration is a continuing obligation to notify and update law enforcement agencies annually and whenever the offender moves. Depending on the child pornography offense and the state, registration may be a lifetime duty. Failure to register or moving without notifying law enforcement may result in criminal charges.
Sex offender registration is generally publicly available. Most states have a searchable website where individuals can search for a registered sex offender by name or location. The online sex offender registry generally includes the offender’s:
- Name
- Photograph
- Age
- Criminal offense
- Identifying information
Do I Need a Lawyer If I Am Facing Charges for Child Pornography?
With such serious criminal penalties involved in sex crimes, you may want to contact an experienced criminal defense lawyer for advice. A child pornography lawyer will be able to explain your legal options, evaluate every viable defense, and can challenge the prosecutor’s evidence. After formal charges are filed, your options are generally to plead guilty or take your case to court. Skilled attorneys can also help you negotiate a plea agreement to reduce the charges, try and get the minimum sentence, or have some charges dismissed. Talk to a defense attorney about your strongest defense options.
Are There Legal Defenses to Child Pornography Charges?
When law enforcement agencies conduct a law enforcement investigation, their evidence may only consist of the evidence of pornographic materials on someone’s computer or an IP address using file-sharing programs to exchange digital images. They may not have direct evidence that the defendant accessed or shared the information. It may be an effective defense to show the computer was shared with a roommate or others. Other common defense strategies may include:
- Wireless router was not secured and accessible to others
- Defendant did not know a shared file contained illegal images
- Images were artistic depictions with serious artistic, political, or scientific value
- Individual portrayed was 18 years old or older at the time
Was the Search of My Computer Legal?
Law enforcement cannot just search anyone’s computer for illegal material. Generally, the police need to have search warrants to conduct a search of computers, homes, vehicles, or other private areas. However, there may be several exceptions where the police do not need a warrant, including when the owner gives consent to search.
If the police conducted an unlawful search, it may be a violation of your constitutional rights against unreasonable search and seizure. Your attorney may be able to file a motion to suppress any unlawfully obtained evidence to keep it out of court. Without evidence of child pornography, the prosecutor may not have a strong enough case to move forward.