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State v. Mr. W (DMC No. 10434)

NOT CHARGED | SEXUAL CONDUCT WITH A MINOR – State v. Mr. W. (DMC No. 10434) (Chandler Police Department Investigated): Mr. W. was married at the time he began having a relationship with a woman who held herself out to be 18 years of age.  In reality, she was only 17.  When the girl’s mother, along with Mr. W.’s wife found out about the relationship, they reported him to police.  We were able to show that Mr. W. truly believed that the alleged victim was 18 years old.  By statute, there was a defense to the charge if a person is 15, 16, or 17 years of age, had sex and held themselves out to be 18 years or older.  Mr. W. was originally facing up to 2 years in prison per sexual conduct incident if he would have been charged and convicted.

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