Beware: Never meet with a Criminal Law Firm that has you do your initial consultation with a Non-Attorney Salesperson, instead of a Licensed Attorney!  A Non-Lawyer is not allowed to “sell” legal services, but many firms employ sales people.  At DM Cantor, you will always meet with at least one (1) Board-Certified Criminal Law Specialist regarding your Child Pornography Defense or Sexual Exploitation Defense Case.  We wouldn’t have it any other way.

Phoenix Child Pornography/Sexual Exploitation of a Minor Charges And Their Elements

There is a 7-year statute of limitations in Arizona to bring charges for Child Pornography. This time begins from the date in which the violation is discovered, and the identity of the person possessing it is known.  Punishment Ranges vary widely depending on the age of the victim depicted. The DM Cantor Sexual Exploitation of a Minor Defense Team knows how the Allegations of Prior Convictions, or how “multiple offenses committed on different dates” can impact the Penalties and Sentencing Range.  We also know all the possible Defenses that can help have the charges either dismissed, or never filed in the first place.  Check below to see the elements of the crimes and the Possible Punishment Ranges.

Sexual Exploitation of a Minor/Child Pornography – ARS 13-3553(A)

Definition:  In Arizona, per ARS 13-3553(A), Sexual Exploitation of a Minor is defined as “knowingly” recording or photographing; possessing; or distributing “any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct”.  It is also now a violation in Arizona to possess any type of sex doll which has a likeness of a minor who is under 12 years of age, with the intent of using it for sexual stimulation.  All images have to be sexual in nature, and not merely medical or innocent nude photos of children playing on the beach, etc.

Stacking:  Under Arizona law, each individual photograph or video constitutes its own violation with its own Penalties under the Statute.  This means that if a person has multiple images, each image carries its own Punishment, and the Punishment has to be “Stacked,” and run Concurrently with each other count.  What this means is that three counts/images will result in three times more Prison time than a single photograph!

[A] Class 2 Punishment for Sexual Exploitation of a Minor under 15 years of age (DCAC)

• DCAC:  DCAC stands for Dangerous Crimes Against Children.  Because the images depict a minor 14 years or younger, this charge automatically becomes a DCAC enhancement.

Class 2 Felony:  Possible Punishment for Sexual Exploitation of a Minor For a First Offense (i.e., DCAC) per ARS 13-705(F).

• The Mandatory range is 10 years in Prison per image or video (Minimum) – 17 years presumptive Prison time – and 24 years maximum in Prison.  This Prison time is “day for day” and cannot be commuted, reduced or forgiven in any way.

What if a person has a Prior Felony Conviction?

If a person has a single Allegeable Prior Felony Conviction, now the Mandatory Minimum in Prison will become 21 years; the Presumptive term will be 28 years; and the Maximum term will be 35 years in the Department of Corrections.  Again, each image can be “stacked” on another.  Therefore, if a person has a Prior Conviction and is caught with three images, the Minimum they would serve in prison is 63 years of “day for day” time. This is why these cases are often called “Life-Enders.”

Fines:  Although fines are not normally assessed in cases such as these, it is possible to be assessed $150,000 per charge as a penalty.  In addition, 84% surcharges can be added on top of that, bringing it to a whopping quarter million dollars – plus for each charge.

[B] Class 2 Felony Punishment, Sexual Exploitation of a Minor if the images are of a person 15-17 years of age (i.e., Non-DCAC) per ARS 13-702(D)

If the Alleged victim was between 15 to 17 years of age, then the Dangerous Crimes Against Children (DCAC) enhancement statute will not apply.

• First offense, Class 2 Felony, Non-DCAC:  A Minimum Punishment of Probation with zero days in jail, up to one year in jail, or a Prison sentence of Minimum of 3 years in DOC:  5 years Presumptive Prison time – and 12.5 years of Maximum Prison time.  At least 85% of this time must be served before it can be reduced in any way.

What If The Defendant Has A Prior Felony Conviction, But The New Charges Are Non-DCAC?

• If there is One Prior Eligible Felony Conviction, then the range becomes a Mandatory Minimum of 4.5 years in Prison – 9.25 years Presumptive Prison time – and 23 years of aggravated/Maximum time in Prison.
• If the person has Two Eligible Prior Historical Felony Convictions, then the Mandatory Minimum is 10.5 years in Prison – 15.75 years Presumptive Prison time – and 35 years Maximum in Prison.

It is critical that you have at least one (1) Board-Certified Criminal Law Specialist who is a Phoenix Sexual Exploitation of a Minor Lawyer to represent you on a Child Pornography or Sexual Exploitation of a Minor charge.  The ranges of punishment are just too high to risk!

Click here… if you have not been charged with Sexual Exploitation of a Minor – Child Pornography yet, but the police are in the “pre-charge investigation stage” of your case.

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Sexual Exploitation of a Minor – Child Pornography lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Sexual Exploitation of a Minor – Child Pornography Lawyers in Arizona know the system well.

The Collateral Consequences Of A Sexual Exploitation of a Minor Conviction

The Collateral Consequences of having a Child Pornography or Sexual Exploitation of a Minor conviction on your Criminal Record are devastating.  These can include everything from restrictions from where you are allowed to live; who’s allowed to live in your house; where you can work; whether you can use a computer or internet; and whether you are placed on Lifetime Probation – all after you are released from a lengthy Prison Sentence!  Other Harsh Consequences can include the loss of your Professional Licenses, whether you can travel, whether you have to Register as a Sex Offender, etc.  It is critical to have a Board-Certified Criminal Law Specialist on your Legal Team to help you fight these charges.

The 20 Best Child Pornography Defenses And/Sexual Exploitation of a Minor Defenses In Phoenix, Arizona

1-4: False Allegation of Sexual Conduct or Non-Consent

1. False Allegations Regarding Minors In Custody Battles

Allegations of Sexual Exploitation of a Minor 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 Sexual Exploitation of a Minor 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 Phoenix.  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 Sexual Exploitation of a Minor.  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

Mitigation

Many Criminal Defense Attorneys utilize “Mitigation” in order to Reduce the amount of Punishment that is imposed at Sentencing.  At DM Cantor, we use Mitigation to prevent charges from being filed, or to get lesser charges filed than would normally be instituted.  During the process of Mitigation, we will learn all about our Client’s life and background, and we will also gather any type of medical records, counseling records, and other items that can show a Prosecutor that charges should not be filed.

Other items which may be used in Mitigation would include Psycho-Sexual Risk Evaluations; information obtained by Private Investigators; Polygraph Examinations; and all records which could relate to Rehabilitation, Counseling, or Substance Abuse Treatment.  Finally, many times we include a “Proportionality Review,” which shows the Prosecutor other cases we have had Dismissed (or Reduced) in the past, which may be similar to our Client’s current case.

What We Do When We Represent You

At DM Cantor we always keep our “Core Purpose” in mind.  In other words, “We are here to help people navigate through the toughest times of their life.” We accomplish this by keeping these three principles in mind: (1) Do Hard Work; (2) have Excellent Trial Skills, and (3) – and most importantly of the three – have High-Touch Client Service.

Both the Pre-Charge/Pre-Indictment Phase as well as the Post-Indictment Phase we will start your case by doing a Timeline and Biographical Interview with you that will attempt to start the “Mitigation Process.”  This is usually done purely by our Attorneys, however, sometimes we’ll employ the services of a Private Investigator to assist.  As your case progresses, we will continue the Mitigation Process, along with Defending you in Court (if necessary).  Many times we are able to receive permission to allow our Clients to travel out- of-State, or move back to their residence which may be outside of the County in which they have been charged.  We do this by filing a “Motion to Modify Conditions of Release,” which, if granted, would require you to sign an Affidavit each time we receive a new Court date acknowledging that you will maintain contact with us, and that you are aware of the subsequent Court dates.

Beware:  Many so-called Sexual Defense Law Firms will assign a case to a brand-new Associate who has never done a Jury Trial regarding a Child Pornography or Sexual Exploitation of a Minor charge.  It is an absolute necessity to have at least one (1) Board-Certified Criminal Law Specialist heading up the Team of Attorneys who have been specifically assigned to handle your Child Pornography/Sexual Exploitation case!  At DM Cantor, we always assign all three (3) Board-Certified Criminal Law Specialists to be on the Team for Pre-Indictment Sex Cases, and at least one (1) of the Partners will be on the Team for Post-Indictment (or Charged) Sexual Exploitation of a Minor Cases.

Felony Case Progression Information