State v. Mr. M (DMC No. 12542) – Felony Sexual Conduct with a Minor (63 year old adult/17 year old minor) – Not Charged – Craigslist and Wickenburg Police Department Contacted.
Mr. M had contacted another gentleman on Craigslist who stated he was over 18 years of age. They engaged in extensive texting, which then turned into talk of sexual conduct. The 18 year old claimed he was still a student at Wickenburg High School but maintained he was absolutely 18 years old. At some point the two began a sexual relationship. It was after that time, that Mr. M discovered that he had been videotaped by this person. The person then claimed he was under the age of 18, and began demanding money and gifts. We then became involved and realized this was a case of Blackmail/Extortion. However, if this individual was truly under 18, there could have been potential criminal liability. Under the Arizona Revised Statute, if a person is 15, 16, or 17 years of age and claims to be 18, there can be a Defense to the charges of Sexual Conduct with a Minor. This would be the Defense of “Unknowingness”.
We then reached out to Wickenburg Police Department and attempted to contact Craigslist to locate this individual’s contact information. Ultimately, it was decided that no criminal charges would be forthcoming, and Mr. M cut-off all contact with the potential blackmailer.