Phoenix Sexual Exploitation of a Child Lawyer (Child Pornography/CSEM)

Phoenix Sexual Exploitation of a Child Attorney

Sexual exploitation of a child is a crime with significant repercussions in the United States, but Arizona has the harshest laws in the country. Few crimes are considered as horrific and unforgiving as these. Even an accusation of such a crime can ruin a person’s reputation in their community. If you have been charged with a sex crime relating to children, it is important to find a Phoenix sexual exploitation of children lawyer to build a strong defense.

The team at Hallam Law Group knows how serious these charges are and can connect you with a dedicated criminal defense attorney who will protect your rights and fight for your future every step of the way.

What Is Sexual Exploitation of Children?

Sexual exploitation of a minor is classified in three main ways:

1. A person knowingly records, photographs, or duplicates media in which a minor is engaged in sexual conduct.
2. Someone knowingly possesses, distributes, receives, or shares media in which a minor is engaged in sexual conduct.

Sexual Exploitation of a Minor is possession of child pornography.  Child pornography is referred to in Arizona as Child Exploitation Sexual Material (CSEM). Each individual picture or video possessed is considered to be one separate count of sexual exploitation of a child, which is a Class 2 Felony in Arizona.

Who Is Considered a Minor?

A minor is legally considered to be anyone under the age of 18. If the sexual exploitation is based on a minor under the age of 15, the person can be charged with dangerous crimes against children. Convictions for such crimes can result in life in prison. These convictions never disappear from a person’s record.

Consequences of Sexual Exploitation of a Minor Charges

The consequences for sexual exploitation of a minor depend on a few factors, such as the age of the child, if the pictures are of unknown children or are a child in the Defendant’s circle of relatives, friends, acquaintances or strangers met in person. If the crime involved a minor who was between the ages of 15 and 17, it would be classified as a Class 2 felony but not as a dangerous crime against children. Another factor that impacts sentencing is the presence of prior convictions.

If the crime involves a minor under the age of 15, it will be classified as a dangerous crime against children. Sentences for these crimes can range from years to life in prison, depending on the number of images found. Dangerous Crimes Against Children, as a sentencing enhancement, mandates stacked (consecutive) sentences for each count, and

Beyond the legal consequences of a sexual exploitation of a minor charge, a person may experience additional repercussions. Some of these include restrictions on: 

• Residency. If you are required to be registered as a sex offender, there may be restrictions placed on where you are allowed to live. For example, you may be required to maintain a certain distance from schools, parks, playgrounds, and other places where children usually gather. In addition, landlords may be unwilling to rent to sex offenders.
• Employment. Some places of employment do not hire individuals who are registered sex offenders. Other places may not consider individuals who have been charged with child sex crimes, even if there was no conviction. Additionally, workplaces such as schools and daycares do not hire individuals with a history of child sex crimes.
• Community involvement. Word of mouth travels quickly. If you have been charged with sexual crimes involving children, you may no longer be permitted to take part in certain events in your community involving children, such as sports and clubs.

Defenses Against Child Sexual Exploitation Charges

Cases involving sexual crimes against minors can be complex and difficult to navigate. You should hire a criminal defense attorney who has experience in similar cases. A few of the ways they may defend your case include: 

• Motion to Suppress based on an unlawful search.
• Franks Motion based on false information in the affidavit underlying the search warrant.
• Challenge authenticity of the picture/s:  Are the pictures real or AI?  The picture/s must be of actual children.
• Challenge the age determination:  CSEM (Child Pornography) pictures are reviewed by a medical doctor to give each child a Tanner Rating.  Based on the bodily development of the children portrayed, a Tanner Rating gives authorities an age range for each child pictured.
• Challenging the evidence. The physical and forensic evidence presented in these cases is vital to the prosecution’s allegations, which means that finding errors or inconsistencies can be of great help to the defense.
• Presenting mitigating factors. Mitigating factors are any circumstances that may reduce the sentencing of a charge. Examples include the mental health and state of the defendant, the presence of manipulation or coercion, or lack of intent.

FAQs About Sexual Exploitation of a Child Law in Phoenix,AZ

How do police process devices suspected to have child pornography?

Authorities do a forensic analysis of devices seized during an Exploitation of Children investigation.  The Analysis includes write-blocking, acquisition, and analysis performed is with “Griffeye Analysis” software.

What types of data is recoverable during a forensic analysis?

There are six basic categories of data police examine the devices for:

1. Existing:  actively (currently present) on the device and viewable
2. Recovered/Previously existing:  deleted; however file was recovered in whole or in part and is viewable.
3. Non-recoverable/Previously existing: partial file and associated data recovered, no viewable without rebuilding.
4. Illegal Category 1:  a violation of the child pornography laws of the State of Arizona.
5. Age Difficult Category 2:  files depicting partially nude children or content that do not meet legal requirements and/or lascivious exhibitions/sexual acts by teenage or older individuals that are not clearly identifiable as adult (age difficult).
6. Artifact:  files, data, metadata, or remnants of data that is the digital equivalent to things left behind intentionally or unintentionally such as footprints.

Do cleansers work to eliminate all traces of Child Pornography on a device?

Police specifically look to see if cleansers are placed on the phone or have been used on the device.  Use and presence of Cleanser Applications are noted within the Forensic
Analysis and are an indicator of intent.  Most often, authorities are not hindered by cleansers.

Do platforms such as Google and Facebook proactively look to see if child pornography is on emails, or their forums?

Google, Facebook and other computer networks have software that actively looks for child pornography on their sites and their client’s sites.  The software automatically sends an alert with the flagged pictures or videos attached to law enforcement.  Most child pornography has known hash values.

Can police tell what is typed in your search bar during the forensic examination?

Yes.  All the search terms (such as “Lolita”) are recoverable.  As well as what date each file was initially viewed, and the last date of viewing with the time.

Sexual Exploitation of Children Lawyers in Phoenix

Child sexual exploitation (child pornography/ CSEM) charges have significant consequences, even if you are not convicted. It is important to handle these cases with care to protect and preserve your reputation. If you or a loved one has been charged, it is vital that you seek legal counsel immediately.

Hallam Law Group has experience in handling similar cases and is ready to fight aggressively to defend you. Our team understands how overwhelming such charges can be, so we are ready to answer any questions you may have. Contact us today to learn more about how we can help.