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Category Archives: 33-35 Public Sexual Indecency Victories

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.

Felony Indecent Exposure, Felony Public Sexual Indecency & Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Not Charged – State v. Mr. O (DMC No. 13977) (Goodyear Police Department DR2015-XXXXX):

Mr. O had been in a custody battle with his ex-wife for several years.  They had three children together.  During one of the custody exchanges, she called police on him claiming that he had molested a step daughter who lived with them.  She claimed that this molest happened 18 years prior.  Detectives had contact with the alleged victim, and she stated that she had been molested when she was 10 or 11 years old by Mr. O.

We became involved and contacted the Detective immediately.  We provided him with information regarding the custody battle of the three smaller boys, and were able to show that the mother was using this as leverage against him in their current custody battle.  We also provided information about the alleged victim (who is now 28 years old) showing that she did not have a character worthy of truth or veracity. Ultimately, when the Detective wished to bring in the daughter to talk to her about these things, they indicated she did not wish to proceed with prosecution.  The case was “inactivated” at that time.  The original charges of having Sexual Conduct with a Minor under 14, along with Indecent Exposure and Public Sexual Indecency (allegations of masturbation in front of a child,) would have carried a prison sentence that would have placed Mr. O in prison for the rest of his life.

2 COUNTS FELONY PUBLIC SEXUAL INDECENCY TO A MINOR REDUCED MISDEMEANOR INDECENT EXPOSURE with PROBATION and ZERO DAYS of ACTUAL JAIL– State v. Mr. C (DMC No. 9098) (Maricopa County Superior Court CR 2008-173383): Mr. C was a 73 year old man who would work the grave yard shift and get off at 10:00 in the morning. He would routinely go to watch a movie at a local movie theater and would eat his dinner along with a 32oz soda. While he was in a movie theater he had to urinate (as he had bladder issues), and he reached inside his shorts in order to hold himself to keep from peeing. A family sitting next to him with two minor children observed this and the police were called. Although Mr. C stated he was only holding his penis to prevent peeing himself, the family stated that he was actually fondling himself. We were able to present mitigating evidence to the prosecutor would secure a misdemeanor offer with four months of defered jail (which was deleted when he successfully completed probation). He originally was facing years in prison, but ended up with probation, a misdemeanor and Zero days in jail.


2 COUNTS PUBLIC SEXUAL INDECENCY and 2 COUNTS INDECENT EXPOSURE REDUCED to MISDEMEANOR DISORDERLY CONDUCT at JURY TRIAL AFTER EVIDENTIARY HEARING RE: CORPUS DELICTI RESULTED in SUPPRESSING DEFENDANT’S STATEMENTS– Stave v. Mr. J (DMC No. 9696) (Mesa City Court No. 2009-069324): Mr. J was accused by two young children of driving around the neighborhood and exposing himself while engaging in masturbatory conduct. He was subsequently arrested on two counts of Public Sexual Indecency and two counts of Indecent Exposure. At trial, we were able to show at a Motion in Limine hearing that any alleged statements gather by Mr. J were improperly coerced by police. We are also show that they are no actual evidence he committed a crime without these statements. The judge agreed and suppressed all statements. Because of that development, the Prosecutor would most likely not win at jury trial, and therefore offered a plead to a single count of misdemeanor Disorderly Conduct (not for a sexual purpose).


REDUCED | 2 COUNTS of FELONY PUBLIC SEXUAL INDECENCY to a MINOR REDUCED to a ATTEMPTED CLASS 6 OPEN/MISDEMEANOR with PROBATION and 60 DAYS in JAIL – State v. Mr. G. (DMC No. 6217) (Maricopa County Superior Court CR2005-034831): Mr. G. was accused of being at a factory outlet mall when he allegedly exposed and touched himself in front of 2 minor children and their mother.  He was subsequently arrested, and admitted that he had touched himself through the outside layer of his clothes.  He eventually went into counseling and voluntarily underwent a surgical procedure for castration, in order to curb his inappropriate sexual desires.  Due to the lengths that Mr. G., was going through, to address his issues, the State offered a probation deal.  Although Mr. G. had 2 prior misdemeanor convictions for similar offenses, the Judge chose not to give him the maximum 1 year in jail (under the plea) but instead he was sentenced to only 60 day with probation and counseling.

NOT CHARGED | PUBLIC SEXUAL INDECENCY – State v. Mr. G.  (DMC No. 4954 ) (Phoenix PD Investigated): Mr. G. was accused of pulling up alongside another vehicle at night with his pants down while masturbating.  The alleged victim stated that he then swerved towards her and they almost collided.  She got his license plate number and called police.  Her passenger at the time was her grade school son.  When police contacted Mr. G., he invoked his right to an attorney.  A photographic lineup was held and neither of the alleged victims picked Mr. G.  Due to our contact with the Detective, we would not allow them to take a current photograph of Mr. G., nor would we allow them to interrogate him any further.  No charges were brought against Mr. G.

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to “disorderly conduct” with zero jail – State v. Mr. R. & Ms. W. (DMC No. 10344 & 10345) (Mesa City Court 2011-068741 & 2011-068733): Mr. R. & Ms. W. were engaged to be married, when they went to a local park in his truck.  It was dark out and nobody else was around when they began engaging in sexual conduct.  Officers who were patrolling the park at night for high school curfew violators snuck up on the vehicle, and then looked inside.  Both Mr. R. & Ms. W. were cited.  We became involved in the case, and we convinced the Prosecutor that the officer’s had to “sneak up” on them and were “hoping” to see them engaged in sexual intercourse.  Due to the potential embarrassment if the case were to proceed to jury trial, the Prosecutor agreed to reduce the charges to a simple “disorderly conduct” with a small fine.

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to disturbing the peace with zero days jail– State v. Mr. D. (DMC No. 10169) (Phoenix City Court 2001-9002978):  Phoenix Police Detectives were conducting an undercover operation at the Dreamy Draw Park where gay men often went to engage in sexual activity.  The undercover officer made contact with Mr. D. and began to “flirt” with him.  Mr. D. eventually reached over and touched the officers crotch over his jeans, and was immediately arrested for public sexual indecency.  Due to entrapment defenses, along with the fact that no “reasonable” person would be offended in the same circumstance (i.e. two apparently gay men flirting in secluded area), we convinced the Prosecutor to reduce the charge to a simple “disturbing the peace” with a small fine.

NOT CHARGED | PUBLIC SEXUAL INDECENCY – State v. Mr. C. (DMC No. 4826) (Phoenix PD Investigated): Phoenix Police Detectives were working undercover at Washington Park in order to apprehend gay males who may engage in sexual activity in the restrooms.   An undercover Detective maintained eye contact and was “flirting” with Mr. C., and he then walked into the restroom and waited.  About a minute later, Mr. C. came in to use the urinal and the Detective stated that it was clear that he was masturbating while using the urinal.  However, the Detective admitted he never actually saw Mr. C.’s genitalia.   After Mr. C. was arrested, we became involved and convinced the Prosecutor that they lacked sufficient evidence to pursue charges at that time.  We then stayed involved and prevented Detectives from re-questioning Mr. C., and eventually the statute of limitations ran and no charges were ever brought against Mr. C.

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to “disturbing the peace” with zero days in jail – State v. Mr. M.  (DMC No. 4712) (Phoenix City Court 3110269): Phoenix Police were conducting an undercover operation inside adult bookstores when they made contact with Mr. M.  They began flirting and went into a video booth together.  Mr. M. began rubbing his crotch on the outside of his clothes, and asked officer asked if he would “like to watch”.  The officer said yes, and then arrested him.  Due to possible entrapment defenses, and the fact that no “reasonable” person would be offended in these same circumstances, we had the case reduced to a simple “disturbing the peace” ticket with a small fine.

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