The 20 Best Child Pornography Defenses And/Sexual Exploitation of a Minor Defenses In Prescott, Arizona
1-4: False Allegation of Sexual Conduct or Non-Consent
1. False Allegations Regarding Minors In Custody Battles
Allegations of Sex Crimes and of Possession of Child Pornography are becoming more and more common as an offensive tactic in custody battles during divorce. Read More
2. False Allegations Made by Children 13 to 17 Years of Age
Studies have shown that teenage girls between the ages of 13 and 17 are the highest categories of False Allegations against adults for Sexual Assaults or Sexual Exploitation (and as shown through multiple scientific studies). Read More
3. False “Me Too” Allegations by Minors
Given the rise in “Me Too” Allegations, it is not uncommon for minors to accuse adults of being responsible for elicit images that are being viewed on a computer. Read More
4. Suggestibility of Minors by Police/Improper Interview Techniques
Many younger children are highly Susceptible to Suggestion by Forensic Interviewers, and they may simply be agreeing with questions that are being asked, which can have a devastating effect on the Defendant. Read More
5–12: False Allegations Regarding Sex Crimes and Involving Computers
5. Unknowingly Downloading and Sharing of Child Pornography on the internet
Numerous File-Sharing Websites have emerged throughout the internet, which involve mislabeled items being passed to other people’s computers (which may inadvertently contain Child Pornography). Read More
6. Wi-Fi being Hijacked by the Real Perpetrator
We have seen numerous cases where a neighbor has “Hi-jacked” a Defendant’s Wi-Fi and then used that access to download Child Pornography … all unbeknownst to the Defendant. Read More
7. A Different Person in Residence used the Defendant’s Computer
Most times the Police will arrest the person who actually owns the computer, and they will not do a thorough investigation as to who else had access to the device, or to the password. Read More
8. Tainted and Improperly-Handled Evidence
Detectives are required to use the proper Computer Forensic Techniques when gathering and analyzing computer evidence which may relate to Sexual Exploitation of a Minor. Read More
9. Planted and Falsified Evidence Against the Defendant
We have seen many cases where an ex-spouse, ex-boyfriend/girlfriend, or disgruntled fellow co-workers have falsified and planted evidence on a Defendant’s computer out of anger and spite. Read More
10. Online Undercover Sting Operations
Unfortunately, this is a new tactic utilized by many of the Police agencies in Prescott. Many times we are able to show that the Detectives are misleading Defendants, and actually entrapping them to “commit crime.” Read More
11. The Online “Victim” Lying About Their True Age
Many younger people are going on adult websites and then lying about the fact that they are actually minors. Read More
12. Emojis and Text Strings Which are Misleading Online
Many Detectives attempt to adopt the victim’s persona, and they improperly use emojis, and improperly use the most recent “slang” being utilized online by the general population. Read More
13-15: Age-Based Defenses
13. Alleged Victim is Met in Person, but Lied About Actual Age
If an Alleged Victim is 15, 16, or 17 years of age, and claims to be 18, then it may be a Defense per ARS 13-1407(B) if they were sending elicit images of themselves over the internet to the Defendant. Read More
14. Romeo and Juliette laws and the Close-In-Age Defense
If two high school students are dating, and one of them is 19 years old and they are within two years of age of each other, then this can be a Statutory Defense to a Sex Crime. This includes both consensual sexual activities, and images being sent to each other over computer. Read More
15. Marriage Exception
In Arizona, spouses who are 16 and 17 years of age can be married to somebody 18 years of age or older, and be treated as consenting adults if certain Statutory Requirements are met. Read More
16-19: Evidence-Based Defenses
16. Illegal Search and Seizure of Evidence
If a Search Warrant’s “Affidavit” is not specifically followed, then evidence can be Suppressed as being illegally gathered by the Police. Read More
17. Coerced Statements and Miranda Violations
In Arizona, the “Voluntariness Standard” must be met as to when statements to Police can be allowed into evidence. This usually involves the reading of Miranda Rights, but it is not always the deciding factor. Read More
18. Misstatements and Falsehoods Regarding Evidence
Axon Video Cameras are the body-worn recording devices that the Police currently utilize in Arizona. Unfortunately, many times the Police will manipulate the video, or shut off their cameras during critical moments during the investigation. Read More
19. Coerced Touch ID or Face ID in Order to Access Computer Devices
Many iPad, iPhone and Mac Computers utilize “Touch ID” or “Face ID” in order to access the devices. Many times, Police will use evidence improperly gathering, or use improper coercion techniques, in order to gain access to a Defendant’s devices. Read More
20: Mental Health Issues and Diminish Capacity Defenses
20. Autism and Spectrum-Bases Defenses
Being on the Spectrum can serve as a Defense, and often does, in Allegations regarding Child Pornography or Sexual Exploitation of a Minor. Read More