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Category Archives: 23 Child Molestation/Sexual Conduct With Minor Reduced

State v. Mr. G (DMC No. 14556) – Felony Sexual Conduct with a Minor  (DCAC) and (3 Counts) Felony Child Molestation (DCAC) – Reduced to 2 Counts of Child Abuse with Probation and Zero Days Additional Jail – Pinal County Superior Court (Case No. CR2015-02132).

This case began with a 13-year old telling a counselor that she was touched by her uncle from age 8 to 11. She said that he touched her “near my vagina.” A witness had stated that he heard her say, “I was 3 and he was 10.” During the interview with the Detective she stated, “I was 5 and he was 14.” When Mr. G was interviewed by Detectives, he admitted he had touched her 40 to 50 times over a four-year span which ended when he was 16 or 17-years old. He was ultimately arrested and charged with Sexual Conduct with a Minor (DCAC) and 3 Counts of Child Molestation (DCAC).

We became involved in the case and we had a Psychosexual Risk Evaluation conducted by Dr. Toma which included a polygraph. It showed that Mr. G was a low risk to offend and that Mr. G had been a victim himself in the past. This occurred when he was 5 or 6 years old. We presented the Risk Assessment along with information that Mr. G was a low likelihood to reoffend. He also had an I.Q. of only 71. Ultimately, the Prosecutor agreed to extend an offer to 2 Counts of Child Abuse with Probation and no additional jail time. Originally, Mr. G was facing potentially the rest of his life in prison (due to the fact that the victim was under 12 years of age), and it was not clear whether Mr. G was over 18 when these events occurred.

Felony Luring a Minor for Sexual Purposes and (2 Counts) Felony Sex Conduct with a Minor Reduced to Child Abuse with Probation, Zero Days in Jail and No Sex OffenderRegistration – State v Mr. A (DMC No. 14559) (Maricopa County Superior Court CR2016-002795):  Mr. A was 37 years old, and he began a relationship with a young lady who he thought was over 18 years of age.  They and an ongoing relationship in which they had sexual intercourse on several occasions.  He found out she was actually 17 years old before the final time that they had sex.  They also engaged in texting back and forth where he solicited her to come over to his house and have sex after he found out she was 17.

The girl’s mother was later killed and during an investigation by Police, they analyzed her cell phone and found the conversations between her and Mr. A.  Subsequently, an investigation ensued into Mr. A regarding Luring of a Minor for Sexual Purposes and Sexual Misconduct with a Minor.  He was ultimately arrested and charged with those crimes.

We then became involved and began investigating the case.  We were able to show the Prosecutor that she did tell him she was “19, almost 20” when they originally met.  We were also able to present evidence showing that Mr. A was not a predator for underage girls.  Ultimately, the Prosecutor agreed to amend all charges down to a Child Abuse which included Probation and Zero Jail.  In addition, the Judge agreed that there would be no Sex Offender Registration requirement for Mr. A.  This has allowed him to remain a free man and have gainful employment.

Felony Child Prostitution (4 Counts) Felony Sexual Exploitation of Minor/Child Pornography and (4 Counts) Sexual Conduct with a Minor, Public Sexual Indecency & Contributing to the Delinquency of a Minor Reduced to 5 Years in Prison – State v. Mr. A (DMC No. 13606) (Maricopa County Superior Court CR2015-114258): Mr. A had been living with a roommate for many years.  Also with the roommate had two young daughters who lived with them. Mr. A thought that one of the daughters was now 18 years of age, when in reality she was 15 years old.  He and another woman engaged in sex acts with the 15 year old, all while on videotape.  He also offered money for this activity along with alcohol.  He was ultimately charged with Child Prostitution per Arizona Revised Statute ARS 13-3212, and 4 counts of Child Pornography (because some of the acts were filmed), 4 counts of Sexual Conduct with a Minor, along with Public Sexual Indecency and Contributing to the Delinquency of Minor.

He was facing the rest of his life in prison, and his only defense was that he thought she was 18 years of age.  This defense was problematic, due to the fact that he also admitted that he knew her since she was 8 years old when he first met her, yet that was only 7 years prior.  This would put her age at 15.  Ultimately the state made several offers which eventually got down to a low offer of a stipulated 5 years in prison.  Mr. A accepted that offer, which was far below the standard offer for these types of charges.

(3 Counts) Felony Luring a Minor for Sexual Purposes (Dangerous Crimes Against Children), Felony Tampering with Evidence, Felony Sexual Conduct with a Minor (DCAC) & Felony Furnishing Obscene Material to a Minor Reduced to 3 Counts with 10 Years in Prison – State v Mr. G (DMC No. 12843) (Maricopa County Superior Court CR2014-001975):

Mr. G was a 61 year old teacher at a local elementary school who was accused by another teacher of being “too close” to one of his 14 year old students.  An investigation ensued in which the 14 year old stated that she had sexual intercourse with Mr. G on a couple of occasions.  They had sent sexually explicit photos and text back and forth on her cell phone. Mr. G admittedto everything involved with the cell phones and photos, but he did not agree that he had sex with the victim.  Ultimately a Psycho Sexual Risk Evaluation was conducted and Mitigation materials were put together for the prosecutor.  An offer of 10 to 15 years was received and Mr. G entered into that plea.  At sentencing, the court agreed that he deserved the lowest amount of time under the plea agreement (10 years in prison). He originally was facing the rest of his life in prison.

(2 Counts) Felony Luring a Minor for Sexual Exploitation & (1 Count) Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Reduced to Attempt with 1 Year in Prison – State v. Mr. M (DMC No. 12163) (Maricopa County Superior Court CR2014-000999):

Detectives had received a call from a grandparent stating that Mr. M had been contacting their 13 year old daughter on an internet site. Their conversations had gone on for months and were sexual in nature. They also showed that Mr. M had requested pictures of the 13 years old’s, breast, vagina and anus, and requested a video of her masturbating.  Mr. M was 22 years old and had an IQ of 80.  He was ultimately arrested and admitted to all of the activity.  Although Mr. M was originally facing a minimum of 10 to 24 years in prison on just one of the charges, we were able to demonstrate through Mitigation that due to his low IQ, Probation, or the lowest possible prison time, would be the most appropriate sentence.  We also presented a Psycho Sexual Risk Evaluation (PSRE) which demonstrated he was a low risk to re-offend.   He was ultimately given Probation with 1 year of Prison (in which he ultimately served only 10 months).

Felony Luring a Minor for Sexual Exploitation, (5 Counts) Felony Sexual Conduct with a Minor and (1 Count) Felony Furnishing Harmful or Obscene Items to Minor Reduced to Child Abuse with Probation and 60 Days in Jail – State v. Mr. M (DMC No. 12417) (Maricopa County Superior Court CR2014-119425):

Mr. M was employed as a Detention Officer at a local prison for the Arizona Department of Corrections. He had met a young woman at the State Fair who claimed to be 17 years old almost turning 18.  He started a physical relationship with her and an internet relationship with her where she would send him nude photographs at his request. The young woman turned out to be 15 years of age, which compounded difficulty in Mr. M’s case.  If she had stated she was 18 years of age, but was actually 15 years of age or older, he would have had a defense to the charges. Because she had started the relationship stating she was 17, he did not have that particular defense available. However, we were able to show that he was not a threat to his own minor children.  Therefore, he was allowed to have contact with his minor children while on probation, and he did not have to register as a sex offender.  He was also allowed to have computer access during the course of his probation.

Mr. C had 4 children by way of his wife. He and his wife had put a camera inside of his daughters’ room for safety monitoring, and had informed their daughter of this. Mr. C and his wife also lived the “swinger” lifestyle. As they were getting ready to go through a divorce, ms. C filed a police report claiming that mr. C had sexual conduct with his daughter, had videotaped her masturbating, and had expressed an interest in having an incestuous relationship with her. The police conducted a “confrontation call”, in which they attempted to have mr. C make admissions. He did not make any admissions. However, he was arrested and charged with 2 counts of child molestation/ a dangerous crimes against children (DCAC), 2 counts of sexual abuse (DCAC) and 1 count of voyeurism pursuant to Arizona Revised Statute ARS 13-1424. He was then taken into custody and held “non bondable” while his case progressed.

We were retained to represent him on the criminal charges and began our investigation. The daughters’ story did not match up regarding some of her facts, plus she was biased in favor or her mother due to the pending divorce. Because she knew off the existence of the camera in her room, the prosecutor was going to have a difficult time proving some of the elements of voyeurism. The major hurdle in the case was a video recording of his daughter masturbating which was found on mr. C’s personal computer. We were ultimately able to have the case reduced to probation with 6 months in jail (credit for the time he already served and no sex offender registration). Mr. C was released from custody immediately after sentencing. He originally was facing the rest of his life in prison if he would have been convicted of these charges.

REDUCED | 5 COUNTS of SEXUAL CONDUCT with a MINOR (DCAC) 3 COUNTS of CHILD MOLESTATION REDUCED to ATTEMPT with PROBATION and 1 YEAR in JAIL – State v. Mr. C. (DMC No. 9515) (Maricopa County Superior Court CR2009-140682): Mr. C. was 19 years old when he began having a sexual relationship with a 12 year old younger sister of a girl he used to date. He was addicted to marijuana and had various traumatic personal issues in his past. After a 12 year old confided to a therapist that she was in a sexual relationship, the Police were notified. Although the parents of the 12 year old wanted Mr. C. to received the presumptive term for a single count of Sex Conduct with a Minor as a Dangerous Crimes Against Children (DCAC) under ARS 13-1405, which would require 20 years of prison time. We were able to secure a plea to a “no agreements” “Attempt”, in which he could potentially be sentenced to prison for over 15 years, or receive Probation with 1 year in jail on the low end. Ultimately, at sentencing we convinced the judge to give Mr. C. the lowest amount of available under the plea which was Probation with 1 year in jail. He was also able to apply for Work Furlough, which could allow him to be released during the day to go to work. He finished his jail time shortly after his 21st birthday, and has not had any contact or problems with the law since.

REDUCED | 7 COUNTS of SEXUAL MISCONDUCT with a MINOR and 1 COUNT of FURNISHING HARMFUL or OBSCENE MATERIALS to a MINOR REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. T. (DMC No. 9519) (Maricopa County Superior Court CR2009-174270): Mr. T. was a 34 year old male who began a sexual relationship with his 17 year old cousin. While they were in a hotel parking lot, police made contact with him and began questioning him as to why he was in the area. They ultimately discovered that the two of them had engaged in sexual conduct inside of the motel. They also later discovered through interviews that this had happened on numerous occasions and that pornography had also been shared between the two of them. Mr. T. was ultimately charged with 7 counts of Sexual Conduct with a Minor pursuant to Arizona Revised Statute 13-1405 and 1 count of Furnishing Harmful Obscene Materials to a Minor under Arizona Revised Statute 13-3506. Because of the questionable nature of the stop we were able to convince the prosecutor to extend the plea which included a small amount of Probation and zero days in jail. This was a very advantageous plea given the fact that Mr. T. was 21 years older than his cousin.

REDUCED | ATTEMPTED CHILD MOLESTATION and SEX ABUSE (DCAC) REDUCED to ATTEMPTED CHILD ABUSE Class 6 Open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8034) (Maricopa County Superior Court CR2007-005599): Mr. B. was a 26 year old who was accused of kissing, fondling and attempting to have sex with his future 14 year old step sister. Although the incident had happened 1 year prior, his step sister became upset and reported it to her grandmother after she had gotten into argument with Mr. B. When police questioned him, he admitted to everything. He was then charged with Attempted Molestation of a Child per ARS 13-1001 and 13-1401 and Sexual Abuse per ARS 13-1404; both charged as Dangerous Crimes Against Children (DCAC). After we became involved in the case, we had Mr. B. submit to a Psychosexual Risk Evaluation, which showed he was not a threat to society. This evaluation was presented to the prosecutor and we secured an offer of Attempted Child Abuse which was a Class 6 Open/Misdemeanor with Probation and zero days in jail. Mr. B. did not have to register as a Sex Offender, and when he successfully completed probation his case became a Misdemeanor. He now has no felony record. Originally he was facing years in prison if he were to have been convicted.

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