Need an AZ Child Pornography Defense Lawyer? Contact David Michael Cantor if you have been charged with Sexual Exploitation/Child Pornography.
Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-3553 “Sexual Exploitation of a Minor” (i.e. “Child Pornography”) is a class (two) 2 felony. This crime is especially dangerous due to the fact that a few clicks of a computer mouse while on the Internet can result in a very serious crime. The crime is committed if any person films, photographs, duplicates, sells, purchases, or electronically transmits or receives any visual depiction of a minor engaged in sexual conduct.
Possible Punishment for Sexual Exploitation of a Minor/Child Pornography
If convicted of a first offense Sexual Exploitation of a Minor/Child Pornography, and the photographs include children who are fourteen (14) years of age or younger, this results in a first offense minimum sentence of ten (10) years in prison; seventeen (17) years presumptive in prison; and twenty-four (24) years maximum of incarceration. Because this is a DCAC (Dangerous Crimes Against Children), 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other (i.e., the minimum is now twenty (20) years in prison, and all other ranges double). This is why these charges are sometimes referred to as “life enders”. The maximum punishment on a Child Pornography case actually carries more time than the maximum penalty on a Second Degree Murder. Also, you will be required to register as a Sex Offender for the rest of your life, and you will not be allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.
Possible Defenses for Sexual Exploitation of a Minor/Child Pornography
The critical defenses in this case involve showing that the person did not “knowingly” possess the images. This means that if it can be shown that there were multiple users who had access to the computer, then it is much more difficult for the State to prove the elements of the offense. The State would normally have executed a search warrant and confiscated a computer involved. They will then look for the “IP address” and passwords that were involved. Before they do any of this they will have “cloned” the hard drive in order to avoid any accusations that they have somehow tampered with the computer by adding images. It is also an affirmative defense if a person reports that they have received unsolicited images on their computer. Usually, reporting within three (3) days of discovering the child pornography is considered to be “timely reporting”.
Once again, if there are numerous parties who have access to the computer and there is no password (or a well known password), then there are numerous defenses to this charge. At the Law Offices of David Michael Cantor, P.C., we handle a very high percentage of the “Sex Crimes” cases involving private counsel in the State of Arizona. We have one of the largest libraries with research materials devoted to challenging accusations involving sex crimes. In addition, our attorneys have attended numerous seminars sponsored by the National Child Abuse Defense and Resource Center (the leading center in the United States which assists in the defense of the falsely accused).
The “Common Defenses” for Sexual Exploitation of a Minor/Child Pornography, which a Sexual Exploitation of a Minor/Child Pornography Lawyer may apply in any criminal case are numerous and diverse. One of most common defenses we encounter is a “Miranda rights Violation”. In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “Voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, “Denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Sexual Exploitation of a Minor/Child Pornography Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Sexual Exploitation of a Minor/Child Pornography case.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an AZ Child Pornography Defense Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our AZ Child Pornography Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to an AZ Child Pornography Defense Lawyer. We will assist you with your Sexual Exploitation of a Minor/Child Pornography case.
