Juvenile Sexting can be Child Pornography

by Jeremy Geigle
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A Warning to Arizona Sex Offenders Arizona sexting has become a major problem lately and the state is cracking down on offenders. I thus, must issue a warning to all parents and youth. If you via mobile phone or any other means: record, film, photograph, develop or duplicate, distribute, transport, exhibit, receive, sell, purchase, electronically transmit, possess, or exchange any visual depiction in which a minor is involved in exploitative exhibition or other sexual conduct, you may be charged with sexual exploitation of a minor (the child porn statute) which carries a presumption prison term of 17 years! Probation is not available. A.R.S. 13-3553. What Does the Arizona SEXting Law Mean? Although the statute may be found unconstitutionally overly broad or vague, in the mean time any visual depiction that fits any of the above mentioned conduct is chargeable under Arizona law. The Sexting fad among high school and junior high aged teenagers of taking mobile phone pictures and videos depicting anyone under the age of 18 topless (female), naked, or any other sexually suggestive depiction may be charged as child pornography. Each image carries with it a presumption prison term of 17 years. Are Parents at Risk? Parents, if your child docks or syncs their phone with your network computer at home, guess where those images are now? That is right. They are on your computer, and now you may be in violation of the statute for receiving and storing child porn. Now is the time to educate parents and children about the devastating consequences of engaging in this type of behavior.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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