State v. Mr. A (DMC No. 18297) – Felony Unlawful Disclosure of Images/Revenge Porn (Per ARS 13-1425.A), and Order of Protection – Not Charged/”Turned Down” by the Maricopa County Attorney’s Office (and OOP Dismissed at Evidentiary Hearing) – Mesa Police Department Investigated (DR No. 20XX-XXXXX7) and Maricopa County Superior Court (Case No. FN20XX -XXXXX0)
Mr. A was on the app Chrsma (which is like Tinder for Hispanic people), when he met a young lady and began communicating. They switched from Chrsma to Snapchat, then to iMessage. While they were conversing, she had asked him if he liked “rough sex” and he said he would like to try it. They eventually met up at his place and had sex. After that, they agreed to be “friends with benefits”.
Eventually, she began dating another male, and they stopped dating. During one of the times in which they had hooked up, he had taken some photos of her, with her knowledge, inside of his bedroom. He had sent one of those photos to his Cousin. Eventually, they broke up and he had no further contact with her.
At some point after that, his Cousin had sent the girl a Snapchat with the picture stating “you have an awesome ass”. When she texted him back and asked where he had gotten the photo, he said he found it on the “Dark Web”. She immediately filed an Order of Protection against Mr. A. She then contacted the Mesa Police Department, and they began an investigation into Revenge Porn/Unlawful Disclosure of Images per ARS 13-1425(A). When Mr. A was contacted by the Detectives, he denied all knowledge. It is at that time he secured the services of DM Cantor.
Once we became involved, we interviewed Mr. A’s Cousin, and determined that he had not posted the image on the Dark Web. In addition, he was not instructed to send the photo to the girl in order to harass or intimidate her. We then contacted the Detective from Mesa PD, and told him that the image was never actually posted online. In addition, it wasn’t used to “harass, intimidate, harm, or threaten” as mandated by the Statute, and without it actually being posted online, it did not meet the requirements of the Statute. The Detective still forwarded the Report to the Maricopa County Attorney’s Office Charging Bureau.
We challenged the Order of Protection, and because the young woman did not appear, it was Dismissed. In addition, we relayed all of this information to the Deputy County Attorney, and they made the decision to “Turn Down” all Charges. Had Mr. A been Charged with this crime, he would have had a Felony on his record, faced up to 3.75 Years in Prison, and Sex Offender Registration.
