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State v. Mr. D (DMC No. 10169)

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to disturbing the peace with zero days jail– State v. Mr. D. (DMC No. 10169) (Phoenix City Court 2001-9002978):  Phoenix Police Detectives were conducting an undercover operation at the Dreamy Draw Park where gay men often went to engage in sexual activity.  The undercover officer made contact with Mr. D. and began to “flirt” with him.  Mr. D. eventually reached over and touched the officers crotch over his jeans, and was immediately arrested for public sexual indecency.  Due to entrapment defenses, along with the fact that no “reasonable” person would be offended in the same circumstance (i.e. two apparently gay men flirting in secluded area), we convinced the Prosecutor to reduce the charge to a simple “disturbing the peace” with a small fine.

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