Phoenix Child Pornography Attorney

Get Skilled Defense On Your Side

Because Arizona has some of the toughest child pornography laws in the country, anyone who is charged with this type of an offense needs an experienced Phoenix child pornography defense attorney. Arizona law requires a prison sentence of 10-24 years per image in your possession or on the hard drive of your computer. The law further requires that the penalties be served consecutively (one after the other). More times than not, this translates to a life sentence upon conviction.

In Arizona state courts, the charge is technically termed 'sexual exploitation of a minor.' If the minor is under 15, the crime is termed a 'dangerous crime against children' and mandatory prison sentences apply.

With an image of a minor engaged in a sexual act, exploitation occurs in these forms:

  • Possession
  • Distribution
  • Duplication
  • Publication

Call (602) 663-9100 for your confidential case evaluation.

Understanding the Laws

In recent years, dramatic changes to federal law have been made. With the passage of the Adam Walsh Act, the more lenient sentences available in federal court have been replaced by tough mandatory minimum sentences. For example, while possession of child pornography in federal court has no mandatory minimum sentence, someone convicted of receipt or distribution of child pornography faces a mandatory minimum sentence of five years in federal prison. In determining a sentence, federal judges must follow the advisory United States Sentencing Guidelines. Sentences go up in federal child pornography cases based on things such as the number of images, whether a computer is involved, if the images are particularly harsh (sado-masochistic), whether the minor depicted is pre-pubescent, and a host of other factors.

Experienced Criminal Defense Attorney By Your Side

Over the past decade, Jason D. Lamm Attorney at Law has likely handled more child pornography cases than any other firm in Arizona. We employ traditional methods of defense such as attacking the search warrant used in most child pornography cases, and cutting-edge techniques of attacking the forensic analysis of the computer on which the prosecution bases its case. Only from years of experience can we discern whether the person accused was even near the computer at the time of the offense, or whether a virus or Trojan on the computer contaminated the evidence and the prosecution's case.

Many child pornography cases involve the use of peer-to-peer software as well as file sharing torrents. When unsuspecting users download a large amount of music and video file, oftentimes child pornography is downloaded with them. Law enforcement officers use this same software and seek out child pornography. They obtain the IP (internet protocol) addresses of the individual from whom they obtained the child pornography and ultimately seize their computer and arrest the person.

Typically, after a search warrant has been served, it will take several months to analyze the computer. This is the time to seek legal counsel. Do not wait to get experienced representation from a Phoenix criminal defense lawyer. Even if charges are later filed, our firm has been successful in getting prosecutors to agree to send a summons for our clients to appear in court rather than issuing a warrant for their arrest. People who are arrested on a child pornography charge often have very high bonds making it nearly impossible to get out of jail while the case is pending. If a summons is sent instead of a warrant, though, judges almost always release the client on their promise to appear and without having to post bail.

Call our firm at (602) 663-9100 to get started.

Get in Touch Today