Child Pornography

Child Pornography Defense Attorney in Phoenix

Sexual Exploitation of a Minor Defense in Maricopa County & Federal Court

A charge under Arizona’s sexual exploitation of a minor statute, ARS 13-3553, is among the most serious criminal accusations a person can face. The penalties are severe, the collateral consequences are lifelong, and the investigation is typically well underway before an arrest occurs. At Faussette & Faussette, PLLC, we represent clients facing these charges in both Maricopa County Superior Court and federal court, bringing the same disciplined, evidence-focused approach to every case.

We start by listening. Before any strategy is formed, we take the time to understand the specific facts and circumstances surrounding your situation. From there, we explain your legal options clearly and honestly, so you can make informed decisions at every stage of the case.

If you’re facing a child pornography investigation or charge in Phoenix, contact Faussette & Faussette, PLLC at (602) 905-2833 to schedule a free 15-minute consultation, available in-office or virtually.

Why Clients Choose Faussette & Faussette, PLLC for These Cases

Our attorneys share more than 30 years of combined legal experience in criminal defense. Jacob Faussette litigates criminal cases in both federal and state courts throughout Arizona, which matters when a single set of facts can trigger prosecution on both tracks simultaneously.

What distinguishes our approach is individualized representation. We don’t apply a standard playbook to a charge this serious. We build a defense strategy around your specific situation, the evidence gathered against you, and the potential outcomes at each decision point in the process. Clients receive direct, transparent communication from attorneys who understand both what the law requires and what the prosecution must prove.

What Arizona Law Defines as Sexual Exploitation of a Minor

Arizona doesn’t use the term “child pornography” in its statutes. The controlling law is ARS 13-3553, which prohibits two categories of conduct. First, it is a crime to knowingly record, film, photograph, develop, or duplicate any visual depiction of a person under 18 engaged in exploitive exhibition or sexual conduct. Second, it is a separate crime to knowingly distribute, transport, exhibit, receive, sell, purchase, electronically transmit, possess, or exchange such a depiction.

The charging structure matters: each individual image or video can be filed as a separate count. A device containing hundreds of files creates exposure across hundreds of potential counts.

Penalties & Sentencing Exposure in Arizona

Sexual exploitation of a minor is a Class 2 felony. Sentencing depends heavily on the age of the person depicted.

Minor depicted is 15 to 17: A first-time conviction carries 3 to 12.5 years in prison per count, with a presumptive sentence of 5 years under ARS 13-702.
Minor depicted is under 15: The offense falls under ARS 13-705, Arizona’s Dangerous Crimes Against Children provisions. Each count carries 10 to 24 years in prison, with a presumptive sentence of 17 years.
Consecutive sentencing: Courts can order sentences on separate counts to run one after another rather than concurrently, compounding total exposure.
Sex offender registration: A conviction requires mandatory registration on the Arizona sex offender registry.
Family law consequences: A conviction can also affect child custody and related family court matters.

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Why Choose Faussette & Faussette, PLLC?

Client-Focused Representation
Every case begins with understanding your unique circumstances, allowing the firm to build personalized legal strategies that protect your interests.
Honest & Transparent Communication
Clients receive clear guidance, straightforward answers, and regular updates so they can make informed decisions throughout their case.
Aggressive When It Matters Most
Whether negotiating a settlement or fighting in court, the firm stands up for clients' rights and pursues the best possible outcome.
Experienced Legal Advocacy
With nearly a decade of experience, Faussette & Faussette provides knowledgeable representation in criminal defense, personal injury, and family law matters.

Our Defense Approach for Child Pornography Charges

Building a defense against sexual exploitation of a minor charges requires a thorough review of every piece of the prosecution’s case. We examine police reports and investigative records, analyze digital evidence including text messages, emails, and social media content, and evaluate how forensic analysis of seized devices was conducted. Witness statements and their credibility receive the same scrutiny.

Evidence obtained through improper searches or defective warrants can sometimes be suppressed, and identifying those constitutional violations early is a core part of what we do. Where negotiation with prosecutors serves a client’s interests, we pursue it. Where the evidence warrants a trial defense, we prepare one.

How Felony Cases Move Through Maricopa County Superior Court

Maricopa County Superior Court handles felony prosecutions in the county, including sexual exploitation of a minor cases originating in Phoenix. The court’s Criminal Department oversees these matters from initial appearance through sentencing and any post-conviction proceedings. After an arrest, an initial appearance typically occurs within 24 hours, and the case then proceeds to Superior Court through either a preliminary hearing or a grand jury indictment.

Common Defenses in Sexual Exploitation of a Minor Cases

No two cases are identical, and the available defenses depend on the specific facts. That said, several lines of argument arise regularly in these prosecutions.

Lack of knowing possession: The statute requires that possession or access be knowing. When a device was shared among multiple users, establishing who actually accessed specific files is a genuine factual dispute.
Age of the person depicted: If the prosecution can’t establish that the person shown was under 18 at the time, a critical element of the charge fails.
Search and seizure challenges: Evidence obtained through an unlawful search or a warrant lacking proper probable cause may be subject to suppression.
Forensic integrity: How seized devices were handled, what tools were used to attribute files to a particular user, and whether chain-of-custody procedures were followed are all subject to challenge.

State Charges, Federal Charges, & Dual Prosecution

Child pornography offenses involving the internet or crossing state lines can be prosecuted as federal crimes under statutes such as 18 U.S.C. Section 2252, in addition to Arizona state charges. A person can face both state and federal criminal liability for the same underlying conduct, and federal sentences carry their own mandatory minimums served in federal custody. Jacob Faussette litigates in both state and federal courts throughout Arizona, so clients don’t need to assemble separate legal teams when exposure exists on both tracks.

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Hear about our clients experience with us

"Thank you, Jacob. I appreciate you so much."
Jacob represented me while I was in custody and I was doing very bad at that time in my life. I just wanted to thank him for everything he did for me. I was a mess during that time in my life and because he helped give me a second (third actually) chance I got my life together. I went to rehab and am complying with my probation and am now working towards getting certified as a behavioral tech so I can help others that need the help I needed. Thank you, Jacob. I appreciate you so much.

- Arelia B.
"Got my entire case diverted and won’t even show up on my record."
Nick Faussette was incredibly competent and amazingly attentive from the very start.

- Ross M.
"Communicative, honest, pragmatic and highly competent attorneys."
Assess your situation grounded in the law to create a comprehensive strategy to provide the best possible outcome.

- CC
"Her representation was thorough and well prepared."
She is overjoyed, relieved and pleasantly surprised with the simplicity and swiftness.

- James M.
"They've done amazing and incredibly outstanding job."
If I had a way for giving Jacob Faussette 100 stars, I could have done so, but since 5 is the highest, then he deserves all of them.

- Satisfied Client
"I would not hesitate to work with him."
He did such an amazing job and really helped my family.

- Ketsia A.
"Jacob Faussette is the best lawyer ever"
I would recommend anyone to have Jacob fight for your justice.

- Julienne B.
"I'm 100% satisfied!"
Jacob was assigned my case by the public defender's office but worked my case as if I paid him $20,000.

- Gary G.

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Speak with a Phoenix Child Pornography Defense Attorney

Child pornography investigations often begin long before any arrest. Law enforcement typically seeks a search warrant for electronic devices, conducts a forensic review of seized computers or phones, and builds a case over weeks or months before charges are filed. If you’re already under investigation, time matters. The earlier we’re involved, the more effectively we can assess what the prosecution has, identify weaknesses in how evidence was gathered, and begin building a response.

Faussette & Faussette, PLLC offers a free 15-minute consultation to discuss your situation and explain your legal options. Consultations are available in-office or virtually. Reach us by phone or through our contact form.

Call Faussette & Faussette, PLLC at (602) 905-2833 to schedule your consultation today.

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Your Defense is our priority

At Faussette & Faussette, PLLC, we're always ready to take your calls. Give us a call or fill out the form below to contact one of our team members.

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