State v. Mr. R. (Phoenix Municipal Court No. 3598412): Mr. R. was charged with Public Sexual Indeceny. Police claimed they had gone in plainclothes into an adult theater in order to do an inspection. While they checked in a “single person booth,” they saw our client watching a video and allegedly masturbating. We explained to the prosecutors that this did not really fit into the definition of Public Sexual Indecency due to the fact that no reasonable person would be surprised by seeing that type of behavior in that location. The State dropped the Sex Crimes allegations and reduced the charge to Disorderly Conduct with no jail.
November 17, 2011