State v. Mr. S (DMC No. 17565) – (3 Counts) Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) alleging a 14-year-old victim, and Felony Furnishing Harmful or Obscene Materials to a Minor – Reduced to Probation (with Zero Days in Jail) – Maricopa County Superior Court (Case No. CR2021-101395)
The alleged victim in this case was being investigated on Assault charges. It was at that time, he claimed that he assaulted one of two people because they had “Molested him” approximately 11 years prior. Mr. S’s name was one of the names given. Detectives then spoke with the victim’s father, and the victim’s father confirmed that Mr. S and his son had lived with him under the same household years prior.
The alleged victim claimed that he was shown adult gay Pornography by Mr. S, and on 10 to 20 different occasions they had engaged in oral sex with each other. According to the victim’s math, this started when he was 14 years of age. The Detectives arranged a “Confrontation Call”, in which the alleged victim confronted Mr. S, and recorded the conversation. At that time, Mr. S denied many of the allegations, and he also contested the age at which they began having oral sex with each other. Ultimately, Mr. S was indicted on 3 Counts of Sexual Conduct with a Minor (Dangerous Crimes Against Children), and 1 Count of Furnishing Harmful or Obscene Materials to a Minor.
Once he secured the services the DM Cantor, we then began researching all of the housing records of where these two individuals had lived. We also discovered that the alleged victim had moved in with Mr. S for a couple of years after he had turned 18 years of age. As we began defending the case, we were able to show the Prosecutor that if there were consensual relations, it was after the alleged victim was 15 years of age or older. This meant that the “Dangerous Crimes Against Children” Aggravating Factor, no longer applied. In addition, we provided extensive mitigation regarding Mr. S. Ultimately, the State offered a Plea of Attempted Sexual Conduct with a Minor, and Child Abuse with Sexual Motivation, with Probation and Jail up to the Judge. They also Dismissed two of the charges, and the DCAC allegations. Ultimately, the Judge imposed Probation and deferred all Jail time. If Mr. S were originally convicted of the indicted charges, he would have faced a minimum of 39 years in Prison.
