Child Sex Crimes Defense in Arizona Sex crimes, particularly those involving minors, are among the most aggressively prosecuted crimes in Arizona, both under state law, and in Federal court. In addition to investigating accusations of sex crimes against children, law enforcement agencies engage in significant undercover operations to POLICE STING OPERATIONS Police sting operations account for a large number of child sex crimes arrests and prosecutions. Police will pose as minors (or a person with a relationship to a minor) in order to entice people to engage in illegal activity. These undercover officers will post ads on websites that they know to be used for prostitution purposes, and will engage in conversations that are intended to show their target's desire to engage in sexual acts with a minor. While police are often left to investigate a crime after it happened, with sting operations, they are along for the ride the whole time. This means that they are a party to any messages, texts, phone calls, meetings, and record all of them. The goal is to gather evidence of attempts to engage in sex acts or prostitution. Of course there are many different kinds of sting operations, and undercover officers will always make an effort to change up their procedures so as to not have an easily recognizable pattern. While this may seem like "entrapment" to a reasonable person, know that police have specially tailored their process for sting operations, and much of the time know what would constitute crossing the line for entrapment purposes. This does not mean that entrapment cannot be a valid defense to a crime involving a sting operation, but means that such a defense will often fail. CHILD COMPLAINANTS Of course not all child sex crimes arrests or prosecutions are the result of undercover operations. These cases are very emotional and often are the most difficult due to society's strong condemnation of sex crimes against children. This is especially true where the police, prosecution, judge, or jury believe that there is a "real victim" to the crime. Not only does the public condemn the alleged conduct, but there is also a sense of wanting to "get justice" for the "victim." Though these cases may not have the same strong evidence as a sting operation, testimony from a child accuser can be very powerful and difficult to overcome. It is important to investigate all possible motives for a false accusation, including efforts by other adults to influence the accusation. Unfortunately, false accusations of child sex crimes are exceedingly common in messy divorces, where one parent will manipulate a child to make an accusation against the other parent. While police and prosecutors know there are false accusations, they have been more and more likely to believe an accusation, even if there are flags. Because the law enforcement investigation will not have been conducted through the correct lens, it is vital to have an experienced attorney and investigator to build the defense in a false accusation case. PUNISHMENTS FOR CHILD SEX CRIMES Most child sex crimes are very seriously punished, both under Arizona law and under Federal law. Arizona law has severe sentencing enhancements for a category of crimes called "Dangerous Crimes Against Children" (A.R.S. 13-705). Some such crimes are punishable by life imprisonment (e.g. Sexual assault of a minor 12 or younger, child sex trafficking with a prior). For sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child sex trafficking, commercial sexual exploitation of a minor, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, continuous sexual abuse of a child, the sentencing range is 13, 20, or 27 years for a first offense. Those convicted of molestation of a child, sexual exploitation of a minor, aggravated luring a minor for sexual exploitation, child abuse or kidnapping face 10, 17 or 24 years in prison for a first felony offense. Individuals with a felony prior face even longer possible sentences, even if the prior did not involve children or sex offenses. Federal sentencing for child sex crimes is equally harsh. A person convicted of a federal sex offense against a child, who also has a prior for a sex crime against a child faces life imprisonment (the prior can be state or federal). Receiving child pornography carries a minimum sentence of 5 years, and 15 years for repeat offenders. Because federal sentencing guidelines are based on the specific offense, and the offenders criminal history level, calculating the exact possible punishment for such a broad category as sex crimes against children requires a case by case analysis. If you are facing federal sex charges in Arizona, speak with an experienced defense lawyer right away to better understand what you might be facing, and what defenses and defense strategies might apply. SOME CHILD SEX CRIMES OFFENSES INCLUDE: Child Molestation - Sexual Exploitation of a Minor - Child Pornography (Possession/Distribution) Furnishing Harmful/Obscene Materials to a Minor - Sexual Conduct with a Minor Failure to Register as a Sex Offender - Luring a Minor for Sexual Exploitation Child Sex Trafficking - Child Sexual Assault and Rape - Sexual Abuse of a Minor Aggravated Sexual Abuse - Sexual Crimes Crossing State Lines or on Federal Lands Many child sex crimes are prosecuted in Federal court, due to the US Attorney's strong desire to punish sex crimes against children. Further, many of the state prosecutions are handled at the Attorney General, rather than County Attorney level. While these prosecutions will still apply state law, they are prosecuted by attorneys who work for the Arizona Attorney General's office. Of course not all child sex crime cases will go to trial. We have previously discussed case defense strategies here, and there is always a possibility of getting a case dismissed or working out a favorable plea deal that avoids trial. Still, understand that these cases are difficult and prosecutors know that they are likely to have a jury view child sex crimes prosecutions favorably, and view defendants very unfavorably. This means that they will often overcharge a defendant, and/or be more willing to go to trial in these cases. It is therefore very important to have an attorney who is not only familiar with the law and procedures, but is a skilled trial attorney who can relate to jurors - even in the most difficult cases. RELATED ARTICLES: SEX CRIMES SEXUAL CONDUCT WITH A MINOR (STATUTORY RAPE) SEXUAL ASSAULT/RAPE CHILD ENDANGERMENT AND ABUSE KIDNAPPING ASSAULT CRIMES PROSTITUTION/SOLICITATION DOMESTIC VIOLENCE If you or a loved one has been arrested, charged, accused, or may be under investigation for a sex crime involving a minor, know that the possible consequences are very severe. Do not wait to discuss your case and possible defense strategies with an experienced criminal lawyer. Contact the Tucson Defenders today for a FREE CONSULTATION. 520-585-5757.
0 Comments
Leave a Reply. |
TUCSON CRIMINAL DEFENSE ATTORNEY
Contact us now for a FREE CONSULTATION Archives
November 2024
DISCLAIMER: The information provided on this website is for informational purposes only, and is not intended to be legal advice, nor to create an attorney-client relationship.
|
RSS Feed