Sexual Exploitation of a Minor and Child Pornography in Arizona Under ARS 13-3553

Under ARS 13-3553, sexual exploitation of a minor involves recording, filming, photographing, or duplicating any visual depiction where a minor is engaged in exploitative exhibition or other sexual conduct. This also includes distributing, transporting, possessing, or exchanging such visual depictions.

The term child pornography is not used in Arizona law. Instead, the law refers to the sexual exploitation of a minor to cover a wide range of offenses involving minors in sexually explicit materials. The law makes no distinction between production, distribution, or possession, meaning all types of involvement carry similar severe penalties.

In Arizona, anyone under the age of 18 is considered a minor. However, if the minor involved is under the age of 15, the crime is classified as a dangerous crime against children under ARS 13-705, which results in even harsher penalties.

The penalties for sexual exploitation of a minor under ARS 13-3553 are very severe. It is classified as a Class 2 felony, one of the highest-level felonies in Arizona, just below crimes such as murder. If the minor is under the age of 15, the crime is designated as a dangerous crime against children under ARS 13-705.

For each visual depiction, the defendant faces a minimum of 10 years in prison, with a possible maximum of 24 years per count. Because these sentences can be stacked (meaning each sentence is served consecutively), defendants often face what is essentially a life sentence. For example, if charged with 10 counts, the individual could face a minimum of 100 years in prison.

If the minor depicted is between 15 and 17 years old, the crime is still a Class 2 felony, but it does not fall under the dangerous crime against children statute.

In such cases, the sentencing range is:

• First felony offense: 3 to 12.5 years
• Second felony offense: 4.5 to 23 years
• Third felony offense: 10.5 to 35 years

Yes, possession of child pornography is a felony under ARS 13-3553, and it carries the same penalties as production or distribution. Even if an individual did not produce or distribute the material, merely possessing images or videos depicting minors in sexual acts or exploitive exhibitions is a Class 2 felony.

For images of minors under 15, the possession offense will result in the same mandatory 10- to 24-year sentence per count, categorized as a dangerous crime against children. 

If you are charged with sexual exploitation of a minor or possession of child pornography, several defense strategies may be available, depending on the specifics of your case.

Common defenses include:

• Lack of Knowledge: A defendant may argue that they did not know the material involved a minor or that it was unknowingly downloaded.
• Unlawful Search and Seizure: If the evidence was obtained through an illegal search or without proper warrants, the evidence may be inadmissible in court.
• Mistaken Identity: In shared device cases, who accessed or downloaded the material may be unclear, leading to mistaken accusations.

Christian Lueders, with his extensive background as both a prosecutor and a criminal defense attorney, understands the complexity of these cases. He works closely with forensic experts and investigators to build a robust defense to reduce charges or obtain a dismissal.

Being charged with sexual exploitation of a minor or child pornography can have devastating consequences. The social stigma, combined with the potential for lengthy prison sentences, requires immediate and effective legal representation.

If you have been charged with sexual abuse or any other sex crime in Arizona, it is essential to seek representation from an experienced criminal defense attorney. Christian Lueders, the founder of Guardian Law, has years of experience as a former prosecutor and defense attorney. He understands the intricacies of Arizona’s sex crime laws, including charges like sexual abuse and child pornography, and is committed to providing his clients with the best possible defense.

 Contact Guardian Law today to discuss your case and learn more about your defense options.