State v. Mr. M (DMC No. 18300) – Felony Child Sex Trafficking (Only) – Not Guilty/Partial Acquittal at Jury Trial of the Serious Felony, and Only Convicted of the “lesser included” Misdemeanor Prostitution (with 13 Days in Jail) – Dec 12, 2023 – Maricopa County Superior Court (Case No. CR2023-106906)
Detective Scritchfield of the Scottsdale Police Department was conducting an Undercover Sting Operation and posed as a female prostitute on an adult website. Included in that ad was a photo of a female that appeared to be clearly 18 years of age, and who was well developed. Mr. M had reached out several times to what he thought was a prostitute, and Detective Scritchfield responded several days later. While they were communicating via text, she asked, “I’m 16, is that too young for you?”. Mr. M responded “younger is fine, if at least 18”. The Detective then texted “I am 16”.
At this point, Mr. M thought that the prostitute was playing games, and he stated “are you sure you’re not 18, maybe you mistyped?”. At this point, the Detective responded “Ah, ok, I got you. Yes, yes, I must’ve mistyped, LOL.”. Mr. M then responded “Ah, great! Please state your age again?”, to which she responded “I am 18 for you”.
At this point, Mr. M was confidently speaking with somebody who he thought was at least 18, and he met at the specified rendezvous point. When he pulled up, he was immediately arrested by an entire SWAT Team. He made comments that “This is a huge misunderstanding”, and “I asked if she was 18 and she said she was 18”.
He was ultimately charged with Child Sex Trafficking per Arizona Revised Statute 13-3212 (J). At Jury Trial, all of the evidence was presented to the Jury, and they did not believe the Detective’s ascertation that Mr. M should’ve known that he was dealing with somebody who was kidding about being 18 years old. We argued that it appears she was kidding about being 16 years old. Ultimately, the Jury returned a Not Guilty Verdict on Felony Child Sex Trafficking, and instead found Mr. M Guilty of a Misdemeanor Prostitution charge which carried 13 Days in Jail. Had Mr. M. been convicted of the Felony Child Sex Trafficking, he could have faced up to 4 years in Prison (with a Mandatory Minimum of up to 6 Months in Jail). As it now stands, he has No Felony Convictions on his record.
