State v. Mr. S (DMC No. 16181)

State v. Mr. S (DMC No. 16181) – Felony Luring a Minor for Sexual Exploitation (Dangerous Crimes Against Children) 46-year-old Teacher alleged Luring a 17-year-old Student, and Felony Sexual Conduct with a Minor (DCAC) – Not Charged – Mesa Police Department Investigated (DR No. 20XX-XXXXXX1)

Mr. S was a Coach at Skyline High School in Mesa. He began having a emotional relationship with a student who was 17 years old. Allegations surfaced that prior to her 18th birthday he had solicited this young lady to send naked photos of herself to him. Also, there were claims that they had professed their love for each other many times. Later, after her 18th birthday, there are allegations that they consummated their relationship.

When this information came to light, the young lady was called to the Principal’s office where she admitted to everything. She also turned over her cellphone, and there were over 5,000 deleted text messages found between herself and the Coach. Because Mr. S was a Coach at a High School, and he held a “Position of Trust”, this was considered to be a “Dangerous Crimes Against Children”. The Police were called, and then they took the alleged victim’s cellphone. They also secured a Search Warrant and seized Mr. S’s computers and cellphones. It was at this time he contacted DM Cantor and retained our services.

We ascertained that all physical contact between the two of them occurred when she was at least 18 years of age. As to the photos that were sent, Mr. S claimed that those photos were sent after Ms. S’s 18th birthday. Lastly, when the school requested to do an employment investigation with Mr. S, we informed them that he would be tendering his Notice of Resignation, and they were not allowed to question him.

Because the information was limited (even though he was a Coach), the case was closed as “Inactive”. However, later a Civil Lawsuit was filed by the alleged victim and her parents against the School District seeking monetary damages. Because Mr. S was Never Charged with a crime, he has No Criminal History. If he would have been charged and convicted under the DCAC statute, he could have faced Years in Prison.

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