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State v. Mr. H (DMC No. 12255)

(3 Counts) Felony Luring a Minor for Sexual Exploitation & (1 Count) Felony Attempted Sexual Conduct with a Minor Reduced to Probation with Zero Days in JAILState v. Mr. H (DMC No. 12255) (Yavapai County SuperiorCourt CR2013-80419):

Mr. H was on the Zoosk dating website which requires users to be over 18 years of age.  He contacted a woman claiming to be 21 years old.  This person was actually an undercover Detective.  When he did contact her, she then stated online that she was 13 years old.  At first Mr. H did not believe her that she was only 13 years old.  He then asked for a photo and she sent one of a 13 year old girl (who is now an adult).  The Detective communicated with Mr. H over the course of months. Eventually all the talk became sexual and photographs were sent back and forth which were of a sexual nature.  He also solicited her to meet with him to “take her virginity”.  They discussed the fact that he was 25 and she was 13, and they agreed to meet at a park.  She asked him to bring alcohol and when he pulled up to the park, he was immediately arrested.  He invoked his right to remain silent and was ultimately charged with 3 counts of Luring a Minor for Sexual Exploitation and Attempted Sexual Conduct with a Minor.  He was facing 3.25 to 16.25 years in prison.

We were able to show that Mr. H did not actually believe this person was 13 years old.  He thought it was a game being played by somebody who was actually 21 years old.  We were also able to demonstrate that if he arrived at the park, and she had in fact looked like a 13 year old, he would have immediately left and ceased all communication with her. We were ultimately were able to secure an offer to Probation which included zero days in jail.

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