Executive Summary
- Sexual exploitation of a minor in Arizona involves the possession, creation, or distribution of child pornography.
- Penalties for the sexual exploitation of a minor include a minimum of 10 years in prison with charges that stack based on the number of pieces of evidence.
- If you have been charged with sexual exploitation of a minor, you should consult a skilled attorney as soon as possible.
- Possible defenses against sexual exploitation of a minor include cases of a lack of knowledge, cases of mistaken identity, and inadequate evidence.
Introduction
Children are the most innocent and vulnerable victims of criminal activity. Crimes involving children can include emotional and physical abuse, neglect, and exploitation, and these offenses can come with severe punishments. One of the most severe crimes against children is the sexual exploitation of a minor.
If you’re accused of this crime, it’s crucial that you understand the legal ramifications and potential defenses for the charge. This article will cover the exploitation of a minor and other crimes against children and the legal avenues available to someone who has been accused of this crime.
What is Sexual Exploitation of a Minor?
Sexual exploitation of a minor involves luring a minor (online or in person) for sexual exploitation purposes as well as possessing, distributing, or creating photos, videos, or other forms of child pornography. The statute covering the exploitation of an underage person is very broad—this means that there are many actions that can lead to a charge.
According to ARS 13-3553, sexual exploitation of a minor includes:
- Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
- Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
- Possessing, manufacturing, distributing, advertising, ordering, offering to sell, selling or purchasing a child sex doll that uses the face, image or likeness of a real infant or minor who is under twelve years of age with the intent to replicate the physical features of the real infant or minor who is under twelve years of age.
In today’s digital world, the internet also plays a big part in sexual exploitation of a minor charges. A wide range of online activities, even accidental ones, can qualify as exploitation of a minor in Arizona.
You may also receive a “luring a minor for sexual exploitation” conviction if you solicit or offer sexual conduct with a person and believe or know that they’re underage. If you’re chatting online with a minor and you initiate sexual interaction, you may receive a charge and conviction for this behavior. Even if you’re speaking with a police officer who is impersonating a minor, you can still potentially be convicted.
If you’ve been accused of child exploitation in Arizona, it’s imperative that you speak with a criminal defense lawyer as soon as possible.
Legal Penalties for Sexual Exploitation of a Minor
Sexual exploitation of a minor is a class 2 felony, and each violation regarding sexual exploitation of a minor may come with a minimum sentence of 10 years in prison according to Arizona law. This means that a single pornographic image of a minor may come with 10 years of prison time, and you could be considered a sex offender for life.
Sometimes, you can receive multiple charges for one case based on how many images were involved. These charges are often stacked, meaning you may be facing more than one consecutive 10-year sentence for each image involved in the sexual exploitation. For example, possession of 7 images could result in a minimum of 70 years in prison if convicted.
Penalties may be more severe if the exploitation charges are part of additional charges. For example, a sexual exploitation of a minor charge is often grouped with some of the following charges:
- Child abuse
- Child endangerment
- Statutory rape
- Sexual misconduct with a minor
- Luring a minor for sexual exploitation
- Child sex trafficking
The addition of any of these charges could result in even more extensive prison time or legal penalties. If you have been charged with any of these crimes, you should consult a skilled criminal defense attorney who can offer support in seeking reduced charges or minimized penalties.
What Is Considered a “Dangerous Crime Against Children”?
The seriousness of the penalties for exploitation of a minor in Arizona will vary depending on how old the victims are. According to ARS 13-705, if a victim is 14 years old or younger, the crime will also count as a Dangerous Crime Against Children, which is a very severe offense. Crimes with “DCAC” designations come with much more severe penalties:
- For a first offense, you may face a minimum sentence of 10 years in prison and 24 years maximum for each conviction.
- If you’ve committed a second offense, you may be facing between 21 and 35 years of incarceration for exploitation of a minor.
For Dangerous Crimes Against Children, the offender must serve their full prison sentence before the possibility of release. In other words, you may not carry out your penalties simultaneously, and they must be served consecutively.
Defenses for Exploitation of a Minor
There are a lot of potential defenses for an exploitation of a minor accusation if you have a skilled attorney on your side. In order to receive a conviction, you must have knowingly electronically received or transmitted, transported, purchased, sold, developed, duplicated, photographed, recorded or been in the possession of a visual depiction of a minor engaged in sexual conduct. The prosecution must also be able to prove you knowingly committed the crime beyond a reasonable doubt.
The most common defenses include:
- Lack of Knowledge – You may receive a dismissal of charges if you can prove that you didn’t knowingly engage in these behaviors. For example, if the computer that incriminating images were on may have been a shared device or you did not know the person depicted was a minor, an attorney may be able to help prove that you did not intend to commit the crime.
- Mistaken Identity – An individual may be able to argue that they were wrongfully identified by law enforcement or the accuser if they did not have any role in the crime.
- Inadequate Evidence – A strong defense team may be able to help you build a defense against the prosecution team on the grounds that they do not have sufficient evidence to incriminate you.
- Constitutional Rights Violations – Other constitutional defenses against charges include arguments citing improper search and seizure or a failure to read one’s Miranda rights.
The best defense an attorney can use depends on the facts of each specific case and the circumstances surrounding it. Depending on the case, one may be able to receive reduced charges, reduced penalties like alternative sentencing, or dismissed charges entirely.
If you are facing charges, you should consult a criminal defense attorney about what legal avenues are available to you and what steps you should take to defend against harsh charges based on your unique case.
The Role of Law Enforcement in Combating Exploitation
Law enforcement plays an important part in combating the exploitation of minors. Between local law enforcement and special task forces designed to combat these crimes, there are multiple agencies working in tandem to prevent these crimes from occurring.
Some of the agencies working together include:
- Arizona Law Enforcement Agencies – State law enforcement agencies, like the Arizona Department of Public Safety and local police departments, play instrumental roles in investigating and preventing sexual exploitation of minors.
- Specialized Task Forces – Local, state, and federal law enforcement agencies may establish special task forces, such as the Arizona Internet Crimes Against Children Task Force, to target perpetrators of child exploitation, often using undercover operations.
- Collaboration with Federal Authorities – Federal authorities like the FBI, Office of Juvenile Justice, and Department of Homeland Security, may all get involved in these cases to uncover and address acts of exploitation.
The involvement of multiple law enforcement agencies often means that there is likely to be extensive evidence used against an individual accused of sexual exploitation. Someone accused of sexual exploitation of a minor may have a steep battle to climb in avoiding the harshest penalties under the law, emphasizing the need for a skilled criminal defense attorney.
Reporting and Protecting Victims of Exploitation
Reporting exploitation is essential for ensuring that victims receive the necessary care and protection and ensuring restorative justice is served. To report suspected exploitation, you can call local law enforcement directly or report to a trusted individual who is trained on how to address these cases.
Valuable resources include:
- Schools and Communities – Trusted individuals like school counselors, teachers, and organizers of children’s programs are often mandated reporters, which means they will escalate the concern to the appropriate parties so that it is addressed.
- Reporting Hotlines – There are various hotlines available to provide support for victims of abuse and exploitation, including the Arizona Sexual and Domestic Violence Helpline at (602) 279-2980 and the Arizona Child Abuse Hotline at (888) 767-2445.
Many private and public organizations also exist to end the perpetration of sexual violence against minors. The Arizona Coalition to End Sexual and Domestic Violence is one organization that offers a more extensive resource list for victims to utilize.
Prevention and Education
As with any crime, prevention and education remain one of the most important deterrents to the sexual exploitation of minors. This is especially important today with the internet and the increased risk of harmful interactions.
Prevention and education include:
- Raising Awareness – Raising awareness around the risk of these crimes through public education programs and online campaigns is important for educating minors and helping them avoid dangers on the internet.
- Protecting Children on the Internet – Parents can take mindful steps to protect their children using the internet by monitoring their internet use on phones, tablets, and computers, as well as educating them about the risks of online interactions.
- Programs and Initiatives in Arizona – Resources like the Arizona Internet Crimes Against Children Task Force offer resources to prevent the exploitation of children, like educational resources and sex offender registry lookup tools.
Prevention and education should occur on both sides of the issue. It’s important that minors understand how to protect themselves, but it’s also important that perpetrators of these crimes have a pathway to restorative justice. Resources also exist for perpetrators looking to end their cycle of abuse, such as local violence anonymous meetings.
Speak with a Legal Professional in Arizona
Sexual exploitation of a minor is a serious charge with harsh penalties. If someone accuses you of exploitation of a minor, it’s imperative that you speak with a criminal defense attorney as soon as possible. They can help you assess the situation and come up with the best plan of action for seeking reduced or dismissed charges along with reduced penalties.
Our criminal defense team at JacksonWhite Law has decades of experience in building a case for individuals facing harsh charges. During a free initial consultation, we’ll take the time to understand the facts of your case so that we can build an appropriate defense in search of dismissed or reduced charges. We’ll go above and beyond to support you in achieving the best possible outcome for your case.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
