Furnishing Harmful Materials to a Minor

Under Arizona law, individuals can be charged with furnishing harmful materials to a minor through either ARS 13-3506 or ARS. 13-3506.01, depending on how the materials were transmitted.

• ARS 13-3506 applies to cases where harmful or obscene materials are provided to a minor in physical form, such as DVDs, magazines, or other tangible media. To be charged under this statute, the person must have knowingly provided these materials to a minor, understanding their harmful nature.
• ARS 13-3506.01 specifically addresses the transmission of harmful materials through electronic means, including email, personal messaging, or other direct internet communication. Under this statute, a person can be charged if they knowingly or intentionally send harmful materials to a minor via the internet, with the knowledge or belief that the recipient is under 18 and resides in Arizona. 

If the minor is a peace officer posing as a minor, it is still considered a crime under this statute, as noted in ARS 13-3506.01(C).

Arizona law under ARS 13-3506 and ARS 13-3506.01 makes it unlawful to knowingly distribute harmful or obscene materials to minors. 

Harmful materials are those deemed inappropriate for minors due to their sexually explicit nature, including pornography. Obscene material is defined as content that appeals to prurient interests, depicts sexual conduct in an offensive way, and lacks serious literary, artistic, or scientific value.

Under ARS 13-3506, the law applies to distributing physical items like magazines or DVDs. For ARS 13-3506.01, it applies to materials sent electronically, including through email, direct messaging, or other personal internet communications. It’s important to note that the law does not cover materials posted publicly on websites, bulletin boards, or mailing lists administered by someone else.

What Are the Penalties for Furnishing Harmful Materials to Minors?

Under Arizona law, the penalties for furnishing harmful materials to minors are severe, whether the offense occurs in physical form or via electronic transmission.

• A.R.S. 13-3506: A violation of this statute is a Class 4 felony, which carries potential prison sentences ranging from a super-mitigated term of 1 year to a presumptive term of 2.5 years and up to an aggravated term of 3.75 years. Additionally, the court may impose probation, which could include jail time of up to 1 year.
• A.R.S. 13-3506.01: A conviction under this statute is also classified as a Class 4 felony and carries the same sentencing range of 1 to 3.75 years in prison. Probation is possible, with jail time ranging from zero days up to 1 year.

In both cases, individuals convicted of furnishing harmful materials to minors may also face significant fines and the long-term consequences of being required to register on the sex offender registry.

Furthermore, failure to report a violation of A.R.S. 13-3506.01, such as not disclosing the transmission of harmful materials via the internet, is classified as a Class 6 felony. Penalties for a Class 6 felony include a super-mitigated term of 4 months in prison, a presumptive term of 1 year, and an aggravated term of 2 years. Probation is also possible, with jail time ranging from zero days up to 1 year.

Several defense strategies can be applied in cases of furnishing harmful or obscene materials to minors. A skilled criminal defense attorney will examine the details of the case to determine the best defense. 

Potential defenses include:

• Lack of Knowledge or Intent: The prosecution must prove that the defendant knowingly transmitted the harmful materials. If the defendant was unaware of the recipient’s age or did not intentionally send the materials, this can be a strong defense.
• Mistaken Identity or Multiple Users: If multiple people had access to the device used to send the materials, it may be difficult to prove that the defendant was the one who transmitted the content.
• Entrapment: In sting operations, where law enforcement officers pose as minors, an entrapment defense may be applicable. However, it’s important to note that under ARS 13-3506.01(C), it is not a defense that the recipient was an officer posing as a minor.

At Guardian Law, our attorneys explore all available defenses to protect your rights and minimize the consequences of a conviction.

At Guardian Law, led by Attorney Christian Lueders, we take pride in providing a solid defense for individuals accused of serious crimes, including sex crimes. Christian’s extensive experience as a former prosecutor gives him unique insight into how the state will build its case, allowing him to craft a well-rounded defense strategy.

We understand the severe and complex offense these charges represent under Arizona law and will work tirelessly to defend your case. If you or a loved one is facing criminal charges in Arizona, contact us immediately to discuss your defense options.