State v. Mr. V (DMC No. 16561) – Felony Luring a Minor for Sexual Exploitation (Dangerous Crimes Against Children), and Felony Attempted Sexual Conduct with a Minor (DCAC) – Reduced to Solicitation and Probation (with Zero Actual Days in Jail) and No Sex Offender Registration – Maricopa County Superior Court (Case No. CR2019-006585)
Mr. V was an ASU student who was working a DoorDash shift, when he pulled over to the side of the road and went on the Omegle web app. This application has been known for adults to either hook up, or solicit sex from prostitutes. While he was on the app, he was contacted by an Undercover Cop posing as a 14-year-old girl. They began a sexual conversation back and forth, and she asked our Client to send a picture, which he did. In return, the Undercover Officer sent an actual selfie with a “kissy face” (she is 22 years old). They then arrange to meet, and Mr. V showed up at her apartment.
When the Undercover Officer opened the door, Mr. V said “you don’t look 14, you look 22”. She high-fived him and said she was trying to look older. He then followed her inside, and immediately another Officer came in the front door and Arrested him. They sat him down and read his Miranda Rights and he asked if he could talk to an Officer. He also said he did not bring condoms, and had no intention of having sex if she was actually 14.
The Officers then pressured Mr. V into answering questions, and he took a Voice Stress Test to determine whether he was lying. They found “no deception indicated” about sleeping with minors before. Ultimately, they got a Warrant for his cellphone, Arrested him and took him to Jail. It was at that time Mr. V’s parents secured the services of DM Cantor.
We immediately obtained all Police Reports, and body cam video in the case. We pointed out to the Prosecutor that there was a potential Denial of Right to Counsel Issue, and also a No Intent to actually follow through with the act Issue. In addition, we presented a Psychosexual Risk Evaluation that Mr. V took, which indicated he was a “low risk to reoffend.” Lastly, we presented all Mitigation showing Mr. V’s family support and that he was currently in counseling.
The Prosecutor ultimately extended a Plea to Solicitation and Probation (with Zero Actual Days in Jail) and No Sex Offender Registration. If Mr. V had been tried and Convicted of the original Charges he would have had a Mandatory Minimum of 10 Years in Prison, and a Maximum of 30 years in Prison.
