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State v. Mr. N (DMC No. 13283)

Conviction Reversed on Appeal Failure to Register as a Sex Offender – State v. Mr. N (DMC No. 13283) (Arizona Court of Appeals No. 2 CA-CR 2014-0420; 2 CA-CV2015-0102):  Mr. N had been convicted in Illinois for the crime of attempted indecent solicitation of a child.  He was ordered to register as a sex offender.  He later moved to Arizona, and registered pursuant to Arizona Revised Statute ARS 13-3821.  Some years later, Mr. N received notice from the State of Illinois that he was no longer required to register as a sex offender.  We then filed a petition to terminate his registration requirement in Arizona.  The Trial Court denied that Petition, and then we appealed to the Arizona Court of Appeals.

We argued that the elements of the crime for Indecent Solicitation of a Child in Illinois differed from Arizona’s laws requiring Luring a Minor for Sexual Exploitation.  The court determined that Mr. N could have violated the Illinois statute in several ways that would not have constituted a violation of Arizona Revised Statue ARS 13-3554 (see: “Luring of a Minor for Sexual Conduct).  Therefore, the Court of Appeals reversed the Trial Court’s decision and Mr. N was no longer required to register as a sex offender in the State of Arizona.

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