State v. Mr. C (DMC No. 16086) – Felony Luring of a Minor for Sexual Exploitation (Dangerous Crimes Against Children), and Felony Attempted Sexual Conduct with a Minor (DCAC) – Reduced to Solicitation and Probation (with Zero Days in Jail) and No Sex Offender Registration – Maricopa County Superior Court (Case No. CR2019-106171)
Mr. C was on the website AdultFriendFinder.com, and he began a conversation with an Undercover Detective posing as a 14-year-old girl. They continued their conversation on the Kik platform, and then their discussions turned sexual in nature. They had set up an initial time to meet, and Mr. C did not show up at that location. The Undercover Officer then became angry, and coerced Mr. C into stating “I will make it up to you, I will buy you whatever you want”. They set another meeting time to meet at a Taco Bell location, and he was to bring condoms. The Undercover Detective then sent a “selfie”, in which he was posing as a 14-year-old girl.
Before Mr. C arrived, he had stated to the Undercover Detective “we don’t have to play like that if you don’t want to though. There’s plenty else to do”, when they were discussing condoms. The Undercover Detective watched him arrive at Taco Bell, and then saw him leave to go to Walgreens, in which he purchased condoms. He was then Arrested immediately upon leaving the store, read his Miranda Rights, and then he agreed to talk to the Detectives.
He initially said that he was only going to see if the person was really under 18 years of age, and if they were, he was going to provide condoms and give a lecture regarding safe sex. He was asked if he would do a Voice Stress Analysis, in which he consented. He “passed” the Voice Stress Analysis regarding never possessing Child Pornography or engaging in sex with a minor. However, he did claim that he “made a huge mistake, thought he was going to meet a 14-year-old and hang out” and “possibly have sex”. It was at this time he was Arrested and Charged with Felony Attempted Luring of a Minor for Sexual Exploitation and Felony Attempted Sexual Conduct with a Minor. He then secured the services of DM Cantor to represent him.
We immediately had him conduct a Psychosexual Risk Evaluation, in which he passed as a “low risk to reoffend”. We also provided legal analysis on the issue of Entrapment. And lastly, we showed that he had good character, and we showed Sentences of similarly situated Defendants. Because the law just changed with regards to the case of Wright v. Gates (in which Mr. C’s sentence would have been Probation just a year prior) now had a mandatory sentence of 5 to 15 years in Prison, the Prosecutor agreed to the Reduced Charge of Solicitation with Probation, with Zero Days in Jail, and No Sex Offender Registration.
