Legal Question in Criminal Law in Arizona

Son charged with ''Sexual Exploitation of a Minor''

My son was arrested in Pinal County, AZ and charged with 22 counts of Sexual Exploitation of a Minor. He has no prior convictions. He was found to have 22 pictures on a CD. He says that he obtained the CD in error when he was repairing a computer for someone. He has had no physical contact with any minor and does not know who is depicted in the photos. There are two other felony charges relating to check writing. He is indigent and has a Public Defender. I have been told that he faces possibly life in prison if it goes to trial and he is convicted. Can this be so, or will he be offered a plea bargain and lesser sentence?


Asked on 4/16/05, 9:52 pm

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Son charged with ''Sexual Exploitation of a Minor''

State v. Berger, 103 P.3d 298 (Ariz.App.Div.1 12/14/2004)explains "Berger was charged with thirty-five counts of sexual exploitation of a minor younger than fifteen years of age in violation of Arizona Revised Statutes ("A.R.S.") � 13-3553(A) (Supp. 2004).*fn1 Each offense is a class 2 felony and dangerous crime against children punishable by a prison term of ten to twenty-four years without the possibility of probation, early release or pardon, and each sentence must be served consecutively. A.R.S. � 13-3553(C); see also A.R.S. �� 13-604.01 (Supp. 2004), 13-702 (Supp. 2004)."

I would have to evaluate his case to decide what type of plea bargain would be appropriate. This would take into account how the evidence was seized, what admissions your son made and his prior record.

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Answered on 4/17/05, 1:38 pm


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