Sexual exploitation of a minor is a sex crime referred to as child pornography in other states. If you were arrested for this offense, you are facing serious felony charges that could result in you being sentenced to a lengthy prison sentence if you are convicted.

You need to understand what is considered sexual exploitation of a minor in our state and the punishments you could face so you can make the best decisions in your criminal case. You also must immediately retain an experienced criminal defense lawyer to defend you, which could result in the charges being dismissed or reduced to a less severe offense.

What Is Sexual Exploitation of a Minor?

Sexual exploitation of a minor is aggressively prosecuted in Arizona. An accused can be charged with multiple counts if there is more than one picture or film depicting a minor, drastically increasing the potential sentence. Under ARS §13-3553, this crime is defined as:

  • The recording, filming, photographing, developing, or duplicating of a visual depiction where the minor is engaged in an exploitive exhibition or other sexual conduct.
  • The distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing, or exchanging of a visual depiction in which a minor is engaged in an exploitive exhibition or other sexual conduct.

The exploitive exhibition is the actual or simulated exhibition of the genitals or rectal area for the purpose of sexual stimulation. Sexual conduct can include sexual intercourse, penetration of the vagina or anus with an object, and masturbation.

Unlike other states, a person convicted of possessing images would face the same punishments for simple possession as for distributing, transporting, or selling a picture or film depicting a minor.

Sexual exploitation of a minor is broadly defined in Arizona. Examples of when a person can face these charges include:

  • Clicking on an image of a minor engaged in sexual conduct on the internet
  • Sending a picture or film depicting a minor in a text message
  • Filming two minors having sex
  • Selling a video of two minors engaged in sexual activity

When Can Sexual Exploitation of a Minor Be Charged as a Dangerous Crime Against Children?

Under ARS §13-705, sexual exploitation of a minor can be charged as a dangerous crime against children if the victim is a child under 15 years old. If convicted of committing a dangerous crime against children, an individual can face much harsher punishments and a mandatory minimum sentence. This is true even if this is their first offense.

What Are the Punishments for Sexual Exploitation of a Minor in Arizona?Gavel_Handcuffs_and_Keyboard

Sexual exploitation of a minor is a Class 2 felony in Arizona. It is the most severe classification of a crime other than murder.

If the child depicted in the picture or film is between 15 and 17 years old, the accused would be charged with a Class 2 felony but would not face a dangerous crime against children charge. They could face these punishments per count they are convicted of:

  • First offense. They would be sentenced to 3 to 12.5 years in prison.
  • Second offense. The sentence would be 4.5 to 23 years in prison.
  • Third offense. The punishment would be a prison sentence of 10.5 to 35 years in prison.

When convicted of multiple counts, the sentences would be served concurrently, meaning each prison sentence would be served right after the other, rather than all simultaneously.

If the minor was 14 years or younger and the individual was convicted of sexual exploitation of a minor as a dangerous crime against children, the penalty would be much more severe. For each conviction, they could be sentenced to:

  • First offense. They would be sentenced to a minimum mandatory 10 years to a maximum of 24 years in prison.
  • Second offense. For a second conviction, the punishment would be a minimum of 21 years up to 35 years in prison.

Have You Been Charged With Sexual Exploitation of a Minor in Flagstaff or Northern Arizona?

You may have strong defenses to the charges you face—even if you are guilty. In addition, the person would face the long-term consequences of having a permanent criminal record and would have to report as a sex offender on Arizona’s Sex Offender Registry. Order our free book, Accused of a Crime in Arizona: What Happens Next Is Up to You, to learn what to expect in your criminal case. Then call our Flagstaff office at 928-226-0165 or complete our online form to schedule a free consultation with our knowledgeable criminal defense lawyers to find out how we can help you achieve the best possible outcome in your criminal case.

 

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