State v. Mr. B (DMC No. 16518)

State v. Mr. B (DMC No. 16518) – Felony Aggravated Luring of a Minor for Sexual Exploitation (Dangerous Crimes Against Children) – Reduced to Attempted Child Abuse Class 6 Open/Misdemeanor with Probation (and Zero Days in Jail) – Yavapai County Superior Court (CR No. 20XX-XXXX1)

Mr. B was a 64-year-old male who had been married for 28 years. He was a closeted homosexual, and he was using the Grindr app in order to hook up with another male. At that time, the Yavapai-Apache Nation Police Department was working a “Sting Operation” with the Bureau of Indian Affairs. An Undercover Officer was posing as a 14-year-old boy, and a conversation regarding sex started with Mr. B.

An agreement was ultimately made to meet at the Cliff Castle Casino. Mr. B was asked to bring cigarettes, but he declined. When he was at the Casino, the Police identified him and his vehicle and he was Arrested. He immediately confessed to the Police and provided them of all his information, including his cellphone and passcodes. After he was Arrested and Booked in to Jail, he secured the services of DM Cantor.

Once we got involved, we worked on the process of Mitigation. We had Mr. V submit to a Psychosexual Risk Evaluation, and he was determined to be a “low risk to reoffend.” In fact, under the Polygraph Examination portion, he was found to be “truthful” when he stated he had never been with somebody under the age of 18. He also had incredible family support from his wife and his children.

All of this information was presented to the Prosecutor, along with our argument that Mr. V actually thought the person was 18 years of age, and that’s why he arranged to meet at the Casino (since they will not allow anyone under the age of 18 to be inside of the Casino). Ultimately, the Prosecutor agreed to an Offer of Attempted Child Abuse which is an Class 6 Open/Misdemeanor offer with Probation (and Zero Days in Jail). Once Mr. V completes Probation, his case will be designated a Misdemeanor, and he will have No Felony Conviction on his record.

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