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MESA PHOENIX SEXUAL EXPLOITATION OF A MINOR ATTORNEY

A.R.S. § 13-3553 states that a person commits sexual exploitation of a minor by knowingly doing any of the following:

 

  • Recording, filming, photographing, developing or duplicating any visual depiction where a minor is engaged in exploitive exhibition or other sexual conduct; or

  • Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction where a minor is engaged in exploitive exhibition or other sexual conduct.

“Just because it was found on your computer doesn’t make you guilty”  Lisa Witt

Sexual exploitation of a minor is a Class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to A.R.S. § 13-705, the Dangerous Crimes Against Children statute.  Prison time for a Class 2 felony varies from 3 to 12.5 years for a first time felony offense.  Under A.R.S. § 13-705, prison time ranges from 10 to 24 years for a first time felony offense.  A person convicted of sexual exploitation of a minor will be sentenced to lifetime sex offender probation and lifetime sex offender registration.

DEFENSES FOR SEXUAL EXPLOITATION OF A MINOR CHARGES IN ARIZONA

 

A charge of sexual exploitation of a minor requires thorough fact investigation and legal analysis.  Lisa is a detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:

 

  • State’s expert witness is incompetent or mistaken:  The State may have an expert witness in an internet case that is incompetent or mistaken about whether computer images were ever downloaded or e-mailed.

 

  • Good character:  You may have witnesses who can testify that you would never commit sexual exploitation of a minor.  The Arizona Court of Appeals has ruled that character witnesses may make the difference in whether a person is found guilty or not guilty in an exploitation case.

 

  • Purpose of photograph/video:  You did not take the picture or make the video for the purpose of sexual stimulation. 

 

  • Another person actually committed sexual exploitation of a minor:  Someone else had access to your computer or other property and actually committed sexual exploitation of a minor. 

 

  • Incredibility of State’s theory:  The State’s theory may be incredible based on the timeline or other facts alleged.

“These cases are complex.  What the State just doesn’t get—can get you off.”

  Lisa Witt

  • Missing or tainted evidence:  Sometimes the State’s evidence is missing or tainted. 

 

  •  Exclusion of State’s evidence:  The State may have violated your constitutional rights or otherwise acted wrongly in obtaining evidence or your confession.

 

  • Reduction in number of counts:  The State has been known to double count charges of sexual exploitation of a minor.

 

  • Police misconduct:  There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.

 

  • Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing the victim and witnesses, and in the course of your case.

 

  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.

 

If you or a loved one is facing a charge of sexual exploitation of a minor, it’s very important to hire a thorough, passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona sexual exploitation of a minor defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

Phoenix Criminal Defense Lawyer