Child Pornography
Child pornography charges can arise from a number of different activities involving images depicting minors in a sexually explicit manner. Sexual exploitation of a minor, as it is called in Arizona, includes possessing, manufacturing, or distributing these materials. If you have been accused of sexual exploitation of a minor, you could be facing a lengthy prison term and it is important that you retain an aggressive legal representative who is qualified to defend you.
Charges related to child pornography can be based on a number specific allegations, including the duplication, distribution, exhibition, purchase, exchange, sale, possession, or electronic transmission of an image that depicts a minor engaging in sexual conduct or an exploitive exhibition. Under Arizona Law, a wide range of visual depictions may constitute “exploitive exhibition” and charges can be filed even when the images possessed by the accused are computer generated or otherwise simulated.
Child pornography has become increasingly relevant and frequently prosecuted in light of the proliferation of various online file-sharing technologies. Under the law, judges are often required to hand down lengthy prison sentences and other heavy consequences whenever a person is found guilty of these charges – regardless of the means by which the images were obtained.
For example, if the child depicted in the image is under 15 years of age, the law requires the court to order a minimum sentence of 10 years in prison for each image possessed. This mandatory penalty applies to each individual image and must be served consecutively if a person is convicted of possessing more than one image. Because multiple images are easily saved at the click of a button and most investigations involving child pornography charges involve large numbers of files, most persons facing sexual exploitation of a minor charges could be facing a lifetime sentence if convicted. When dealing with a child pornography case, it is imperative that you seek the advice of a qualified legal professional.
There are several potential defenses to child pornography that need to be investigated and possibly asserted in every case. Because the law requires proof that the accused had knowledge of the illegal pictures or movies, many cases are successfully defended on the basis that multiple individuals had access to the computer in question or that a hacker remotely compromised the computer’s hard drive. Other cases may involve insufficient evidence proving the age of the person or the “exploitive” nature of the activity depicted in the images.
Because Joshua S. Davidson understands both the law and the relevant computer technology, he can effectively defend child pornography cases in Arizona. In addition to his expertise, he may utilize computer forensic analysis and other techniques to best develop a winning defense strategy in your case. Moreover, he understands the embarrassment that comes along with a child pornography accusation and will attempt to handle your case in the most discrete way possible.
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