State v. Mr. K (DMC No. 16218) – Felony Luring a Minor for Sexual Exploitation (Dangerous Crimes Against Children), and Felony Attempted Sexual Conduct with a Minor (DCAC) – Reduced to Attempt and Probation (with Zero Actual Days in Jail) – Maricopa County Superior Court (Case No. CR2019-005696)
The Tempe Police Department was conducting a Multiagent “Sting Operation” which involved a Detective posing as a 13-year-old girl on the “Whisper” app. The Undercover Detective’s profile stated he was a girl who was between 18 and 20 years old, located in Tempe, Arizona. At some point, Mr. K reached out and begun a conversation with the Undercover Detective. The Detective then stated that “I’m only 13”, and Mr. K suggests that the alleged Victim changes from that chat group to the 15 to 17-year-old chat group. Eventually, multiple conversations go back and forth which are sexual in nature.
Mr. K eventually sent a photo of himself, and arranged to meet at the Subway restaurant in Tempe. He also stated he was going to bring condoms. And at some point he provided his own phone number. When he showed up to the area of the Subway, Mesa SWAT Units moved in and Arrested him. He was read his Miranda Rights and he admitted to sending messages, and “knew she was 13 years old”. He also stated he never intended to contact the alleged 13-year-old, he did not have condoms on him, and he just wanted to see if this person was for real, or an adult posing as a 13-year-old. Once he was Arrested, he was Charged with 1 Count of Felony Luring a Minor for Sexual Exploitation (Dangerous Crimes Against Children), and 1 Count of Felony Attempted Sexual Conduct with a Minor (DCAC). It was at this point that he retained the services of DM Cantor.
Once we became involved in the case, we secured all Police Reports. We also reviewed all of the text messages between parties on the Whisper app. We then contacted the Maricopa County Attorney’s Office to begin negotiations.
It was a very important fact that there were no actual condoms found on Mr. K’s person. In addition we presented evidence of his Prior Good Acts, his contributions and responsibilities to his family, his lack of prior bad acts, his good character and reputation, his cooperation in the investigation, and most importantly…his remorse. This led to him taking on new directions in his life, being supported by all of his family members, and he is now in counseling. Ultimately, the Prosecutor agreed to an Offer of Attempt with Probation (and Zero Days of Actual Jail Time). If Mr. K were Convicted of the original Charges, he could have spent a maximum of 30 years in Prison (day for day).
