{"id":371503,"date":"2016-03-31T21:34:25","date_gmt":"2016-04-01T02:34:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-child-pornography-laws.html"},"modified":"2024-09-02T11:21:14","modified_gmt":"2024-09-02T16:21:14","slug":"arizona-child-pornography-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-child-pornography-laws.html","title":{"rendered":"Arizona Child Pornography Laws"},"content":{"rendered":"\n
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Arizona Child Pornography Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Arizona, child pornography<\/u><\/a> crimes are very serious. One Arizona defendant<\/u><\/a> got sentenced to 200 years in prison without the possibility of parole for having 20 images of child pornography.<\/p>\r\n

The state bans three separate acts of child pornography: recording, distributing, and possessing. What does that mean? Suppose you knowingly record or film child pornography \u2014 also known as child sexual abuse material or CSAM<\/a> \u2014 and distribute it to others or create or possess it. In that case, you violate Arizona law.<\/p>\r\n

Is Child Pornography Protected Under the First Amendment?<\/b><\/h2>\r\n

Images of child pornography are not considered protected speech by the Constitution. They are internet sex crimes and a form of child sexual exploitation<\/u><\/a>. In modern times instances of child pornography happen more frequently on the internet or even on a smartphone. Most convictions will lead to registration on the sex offender registry. Once registered, a person may be on the list for life.<\/p>\r\n

Arizona Child Pornography Laws: Chart<\/b><\/h2>\r\n

An Arizona child pornography conviction carries severe penalties, including a minimum of 10 years prison time for each violation, fines, a long probationary sentence, a criminal record, and sex offender registration. The convicted person must serve each count consecutively.<\/p>\r\n

The following table highlights the main provisions of Arizona state laws on child pornography (Sexual Exploitation of a Minor). See Cyber Crimes<\/u><\/a>, Sex Crimes<\/u><\/a>, and Child Pornography and Selfies<\/u><\/a> for more information.<\/p>\r\n\r\n
Code sections<\/th>\r\n

Sexual Exploitation of a Minor: Arizona Revised Statute (A.R.S) \u00a713-3553<\/u><\/a><\/p>\r\n

Dangerous Crimes Against Children (DCAC): A.R.S \u00a7<\/u>13-705<\/a><\/p>\r\n<\/td>\r\n<\/tr>

What is prohibited<\/th>\r\n

The crime is committed if any person knowingly records, films, photographs, duplicates, develops, sells, purchases, transports, or electronically transmits or receives any visual depiction of a minor engaged in sexual conduct or exploitive exhibition. This very broad statute covers a wide range of potentially innocent conduct..<\/p>\r\n<\/td>\r\n<\/tr>

First Amendment protections?<\/th>\r\n

Child pornography is not protected speech covered by the First Amendment.<\/p>\r\n<\/td>\r\n<\/tr>

Definition of a minor<\/th>\r\n

A person under 18 years of age. Heightened penalties if child is under 15.<\/p>\r\n<\/td>\r\n<\/tr>

Child pornography charges<\/th>\r\n

Class 2 Felony, 10-24 year prison sentence per violation, fines, extensive probation, and possible loss of parental rights as initiated by the Arizona Department of Child Safety<\/u><\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Mandatory sex offender registration<\/th>\r\n

Yes, a conviction will also require you to register with the Arizona Sex Offender Registry<\/u><\/a>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are not carved in stone and may change at any time through the enactment of newly signed legislation or voter-approved ballot initiatives, higher court rulings, or other means. While we strive to ensure these pages’ accuracy, you may also want to contact an <\/i>Arizona criminal defense attorney<\/i><\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Federal Child Pornography Crimes<\/b><\/h2>\r\n

Child pornography is also a federal crime<\/u><\/a>. Victim advocacy groups, several state legislatures, and the DOJ are moving to change terminology around child pornography laws. The preferred term is CSAM. But the term "child pornography" is still broadly used.<\/p>\r\n

Federal laws addressing child pornography are:<\/p>\r\n