Furnishing Harmful or Obscene Materials to a Minor Lawyer in Phoenix

Accused of Sending or Providing Explicit Materials to a Minor?

If you were charged with furnishing harmful or obscene materials to a minor, or police are investigating messages, images, links, files, or online communications, the time to involve defense counsel is now. 

At MayesTelles, we’ve been voted Arizona’s #1 Criminal Defense Firm by Ranking Arizona for seven consecutive years and bring 200+ years of combined experience to serious criminal cases across Arizona.

What Is Furnishing Harmful Items to Minors in Arizona?

Arizona has two related statutes for furnishing harmful items to minors.

A.R.S. § 13-3506 applies to furnishing harmful items to minors outside of internet transmission. The statute makes it unlawful, with knowledge of the character of the item, to recklessly furnish, present, provide, make available, give, lend, show, advertise, or distribute to minors any item that is harmful to minors. 

A.R.S. § 13-3506.01 applies to internet activity. It prohibits intentionally or knowingly transmitting or sending an item that is harmful to minors over the internet when the person knows or has reason to know that a minor will receive it. 

The statute also states that posting material on a website is not the same as transmitting or sending an item over the internet, and that it is not a defense that the recipient was a peace officer posing as a minor. 

In practice, these cases can involve allegations such as:

• Sending sexual images, videos, links, or files to a minor 
• Showing or giving printed sexual materials to a minor 
• Sharing explicit content in a direct message, text, or app conversation 
• Providing access to harmful materials through a device, account, or file 
• Communicating with an undercover officer posing as a minor 

What Does “Harmful to Minors” Mean?

Arizona law does not treat every sexual reference, image, or adult-themed communication as “harmful to minors.” Under A.R.S. § 13-3501, material is harmful to minors only when it describes or represents nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse and, taken as a whole, meets the statute’s test. 

That test looks at whether the item appeals to prurient interest, portrays the material in a patently offensive way, and lacks serious literary, artistic, political, or scientific value for minors. 

The definition is important because the State must prove more than discomfort, embarrassment, or poor judgment. The defense should examine the actual item, the full context, the intended audience, whether the material is being viewed as a whole, and whether prosecutors are characterizing it more harshly than the evidence supports.

What the Evidence Has to Prove in These Cases

Furnishing harmful materials cases focus on knowledge, age, and the character of the item. 

Your defense team should examine:

• The item itself — What was allegedly shown, sent, provided, or made available? 
• Method of furnishing — Was this a physical item, in-person conduct, direct internet transmission, or something else? 
• Knowledge of character — Can the State prove the accused knew or had reason to know the nature of the item? 
• Knowledge of age — Can prosecutors prove the accused knew or had reason to know the recipient was a minor? 
• Harmful-to-minors definition — Does the material meet Arizona’s statutory test? 
• Digital attribution — If the allegation involves the internet, can the State prove who controlled the account, device, message, link, or file? 

Arizona’s definition of “knowledge of the character” includes awareness, reason to know, or a belief that warrants further inspection or inquiry regarding the item’s contents. The definition also addresses knowledge of the minor’s age and recognizes an honest mistake excuse if the defendant made a reasonable, bona fide attempt to ascertain the minor’s true age. 

Penalties for Furnishing Harmful Materials to a Minor

In Arizona, furnishing harmful or obscene materials to a minor is a Class 4 felony. 

For a first-time felony offender, Arizona’s general Class 4 felony sentencing range is 1 year to 3.75 years in prison, with a presumptive term of 2.5 years. Sentencing exposure may increase if prosecutors file related charges, allege prior felony convictions, or claim the conduct overlaps with another sex crime or exploitation offense.

Don't Wait to Take Action When Your Future Is on the Line

If you were arrested, charged, or contacted by police about providing explicit materials to a minor, our defense attorneys at MayesTelles are here to help. We’re available 24/7 and serve clients across the state.

Call (602) 428-7104 to speak with a Phoenix furnishing harmful materials to a minor attorney.