INTERNET SEX CRIMES ATTORNEYS IN PHOENIX

People who engage in internet sex crimes will certainly face major consequences for child pornography charges and other crimes on the internet.

Sexting

Teens who engage in sexting will generally receive punishments through the juvenile justice system in Arizona. If a teen sends explicit photos or other sexts to only one person, they will face only a $300 fine for a petty offense. But if a teen sends explicit sexual material to multiple people, they could face 30 days in detention and a $500 fine for a Class 3 misdemeanor. Lastly, if the teen has a felony record of sexting, indicating that they have faced previous charges, they could face four months in detention plus a $750 fine for a Class 2 misdemeanor.

Sexting a Minor Ages 15 to 17

Adult penalties for sexting are generally much more severe. An adult who sexts a teen between the ages of 15 and 17 will face a Class 2 felony charge. 

• First Offense: Probation with zero to 1 year in jail or 3 to 12.5 years of jail time with no probation, depending on which penalty is more appropriate.
• Second Offense: Possible sentence of 12.5 to 23 years in prison.
• Third Offense: Possible sentence of 10.5 to 35 years in prison.

Sexting a Minor Under Age 15

If an adult is sexting a teen under the age of 15, then they will face a “dangerous crime against a child” charge. Criminal penalties for federal crimes like this include:

• Minimum sentence of 10 years in jail and a maximum sentence of 24 years in jail for every single conviction.
• If the predator has a previous “dangerous crime against a child charge,” then the minimum and maximum prison sentences above are doubled.
• If federal prosecution convicts the offender of two or more counts of child pornography, he or she must serve the penalties in order.
• Sex offenders must serve 100% of the jail time before potential release.

Child Pornography

Any sexual exploitation of a minor is a Class 2 felony in Arizona, and that includes possessing, sending, receiving, or producing child pornography. Child pornography laws in Arizona mandate that the predator receives a 10-year jail sentence for every piece of child pornography they possess, send, produce, etc. For example, if a predator possesses 10 child pornography images, they will basically serve 100 years behind bars. 

Cyber Stalking

In Arizona, anyone who engages in cyber stalking to terrify, threaten, intimidate, or harass a victim will face a Class 1 misdemeanor charge. This means that the offender could receive a 6 month prison sentence and a $2,500 fine.

Online Solicitation

In Arizona, online solicitation of a minor is a Class 3 felony. Consequences can include a 2 to 8 year prison sentence plus thousands of dollars in fines. Meanwhile, aggravated online solicitation of a minor is a Class 2 felony in Arizona. Offenders can spend 5 to 12 years behind bars if charged. For second and third online solicitation offenses, prison sentences will generally double.

Sex Trafficking

Sex trafficking is a Class 2 felony in Arizona as well. For a first offense, an offender can spend 10 to 27 years behind bars plus a $150,000 fine. Offenders may also have to forfeit their property, depending on the facts of each specific case.

Sex Offender Registration in Arizona

A sexual exploitation charge will certainly require sex offender registration in Arizona. This lifelong registration will prevent you from having contact with anyone under the age of 18, including your own children. Sex offenders must register within 10 days of conviction. If they fail to do so, they will face even more penalties.

What is the Statute of Limitations on Sex Crimes in Arizona?

Arizona has a two-year statute of limitations for sexual abuse. Basically, this means that victims must report the crime within two years from the day it happened. If the victim was a minor at the time of the sex crime, they must report it within two years of their 18th birthday. However, violent sexual assault is one of the few crimes that doesn’t have a statute of limitations in Arizona. If you’re facing a charge like this, you need an Arizona sexual assault lawyer.

Possible Defenses for Internet Sex Crimes

Depending on the type of internet sex crime and sexual conduct involved in your case, an experienced criminal defense attorney could use these defenses in your favor:

• Statute of Limitations: If an alleged victim comes forward with some kind of sexual abuse claim that happened more than two years ago (or if the victim was a minor at the time of the alleged crime and their 18th birthday happened more than 2 years ago), then our criminal defense attorneys can argue for your case’s dismissal. It’s important to note that this defense may not be effective for some internet sex crimes.
• Unknown Age: If you’re charged with sexting with a minor, possessing child pornography, or any other sexual exploitation of a minor charge, criminal defense attorneys could use “unknown age” as a defense. However, this would only work in your favor if there’s absolutely no evidence of the victim’s name in texts, social media messages, social media posts, etc.
• Computer Viruses: Viruses thrive on the internet, especially on non-corporate sites. Because a virus can automatically download an unwanted file or software to a victim’s computer, it’s perfectly possible that a virus sent child pornography to the defendant’s computer without their awareness.
• Artistic Value: In order to receive an internet sex crime conviction, the explicit material must be provocative or obviously sexual. Images created and designed for artistic appreciation rather than sexual enjoyment aren’t enough for an internet sex crime conviction.