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State v. Mr. D (DMC No. 12174)

Felony Child Prostitution Reduced to Attempted Child Abuse Class 6 Open/Misdemeanor with Probation and 90 Days in Jail with Work Furlough/Release – State v. Mr. D (DMC No. 12174) (Maricopa County Superior Court CR2014-109850):  Mr. D responded to an advertisement on Backpage.com. He thought he was speaking with an escort, but it turned out to be an undercover police Officer.  The Officer stated, by way of text, that she was “15, almost 16”.  They arranged to meet at a hotel room.

Mr. D showed up with $80 and two condoms.  A conversation was held on videotape which he again was told that the undercover was “15, almost 16”.  Once he was placed under arrest, he stated that he didn’t believe her and thought she was lying.  She looked much closer to “30 years of age” was his comment.  He also stated that if he thought she had looked as young as she stated she was, he would have left the situation immediately. He was still charged with Child Prostitution under Arizona Revised Statute ARS 13-3212 (B) (2) and was facing 7 to 21 years in prison.  Because of the potential defenses he had, the State originally offered a plea to Pandering, a Class 5 Felony.  We eventually got them to agree to drop the plea down to Attempted Child Abuse, Class 6 Open/Misdemeanor with Probation and 90 days in jail with work furlough/release. At the conclusion of Probation, Mr. D’s charged turned into a Misdemeanor. He has no felony conviction on his record and he does not have to register as a sex offender.

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