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).
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.
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.
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.
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.
10. Online Undercover Sting Operations
Unfortunately, this is a new tactic utilized by many of the Police agencies in Phoenix. Many times we are able to show that the Detectives are misleading Defendants, and actually entrapping them to “commit crime.”
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.
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.
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.
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 Sexual Exploitation of a Minor. This includes both consensual sexual activities, and images being sent to each other over computer.
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.
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.
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.
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.
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.
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.
