Arizona criminal charge
Unlawful use of an electronic communication device by a minor in Arizona
Unlawful use of an electronic communication device by a minor is a criminal offense under Arizona law, defined by A.R.S. § 8-309. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 8-309.
What is the penalty for unlawful use of an electronic communication device by a minor in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $300 (Transmit or display explicit visual depiction — single recipient — The juvenile transmits or displays the visual depiction under subsection A to only one other person.; fine only — petty offenses carry no jail term (13-601(C), 13-802(D))) | discretionary | A.R.S. § 13-802 |
| Jail / prison | up to 30 days (Transmit or display explicit visual depiction — multiple recipients — The juvenile transmits or displays the visual depiction under subsection A to more than one other person.; definite term served outside state prison (13-707(A)(3)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $500 (Transmit or display explicit visual depiction — multiple recipients — The juvenile transmits or displays the visual depiction under subsection A to more than one other person.; 13-802(C)) | discretionary | A.R.S. § 13-707 |
| Fine | up to $300 (Possession of explicit visual depiction — The juvenile violates subsection B by possessing a visual depiction of a minor depicting explicit sexual material that was transmitted to the juvenile.; fine only — petty offenses carry no jail term (13-601(C), 13-802(D))) | discretionary | A.R.S. § 13-802 |
| Jail / prison | up to 4 months (Subsequent violation after prior adjudication or diversion — The violation occurs after the juvenile was previously adjudicated for a violation of this section or completed a diversion program for a referral or petition charging a violation of this section.; definite term served outside state prison (13-707(A)(2)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $750 (Subsequent violation after prior adjudication or diversion — The violation occurs after the juvenile was previously adjudicated for a violation of this section or completed a diversion program for a referral or petition charging a violation of this section.; 13-802(B)) | discretionary | A.R.S. § 13-707 |
Applies to current.
How is unlawful use of an electronic communication device by a minor classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Transmit or display explicit visual depiction — single recipient | Petty Offense | The juvenile transmits or displays the visual depiction under subsection A to only one other person. | A.R.S. § 8-309D |
| Transmit or display explicit visual depiction — multiple recipients | Class 3 Misdemeanor | The juvenile transmits or displays the visual depiction under subsection A to more than one other person. | A.R.S. § 8-309D |
| Possession of explicit visual depiction | Petty Offense | The juvenile violates subsection B by possessing a visual depiction of a minor depicting explicit sexual material that was transmitted to the juvenile. | A.R.S. § 8-309E |
| Subsequent violation after prior adjudication or diversion | Class 2 Misdemeanor | The violation occurs after the juvenile was previously adjudicated for a violation of this section or completed a diversion program for a referral or petition charging a violation of this section. | A.R.S. § 8-309F |
Common questions about unlawful use of an electronic communication device by a minor in Arizona
Is unlawful use of an electronic communication device by a minor a felony or a misdemeanor in Arizona?
It depends on the circumstances: unlawful use of an electronic communication device by a minor ranges from a Petty Offense to a Class 2 Misdemeanor in Arizona under A.R.S. § 8-309.
Transmit or display explicit visual depiction — single recipient: Petty Offense (A.R.S. § 8-309D) · Transmit or display explicit visual depiction — multiple recipients: Class 3 Misdemeanor (A.R.S. § 8-309D) · Possession of explicit visual depiction: Petty Offense (A.R.S. § 8-309E) · Subsequent violation after prior adjudication or diversion: Class 2 Misdemeanor (A.R.S. § 8-309F)
What are the penalties for unlawful use of an electronic communication device by a minor in Arizona?
Which Arizona statute covers unlawful use of an electronic communication device by a minor?
Unlawful use of an electronic communication device by a minor is governed by A.R.S. § 8-309 (Unlawful use of an electronic communication device by a minor; classification; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.