Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-3554 "Luring a Minor for Sexual Exploitation" occurs when a person "lures" or offers sex with a person knowing, or having reason to know, the person is a minor. Most often, an arrest occurs when an undercover Officer pretends to be a female who is fourteen (14) years of age or younger in an Internet chat room. The Officer will make contact with the Defendant and then engage in some conversation of a sexual nature. The undercover Officer will usually ask for a photograph to be E-mailed to them, and they may E-mail back a false photograph of a fourteen (14) year old girl. A meeting will normally be set up at a fast food restaurant at a specific time. When the Defendant pulls into the parking lot, undercover Officers will be waiting and they will then arrest the Defendant.
Luring a Minor for Sexual Exploitation is a class three (3) felony and is a Dangerous Crimes Against Children (DCAC). A first offense carries a minimum of probation with zero (0) days jail up to one (1) year in jail, or prison of five (5) years to fifteen (15) years of incarceration. If the person has one (1) or more allegeable historical prior conviction, then the "prison only" range is five (5) years minimum, seven and one half (7.5) years presumptive; and fifteen (15) years maximum of incarceration.
Most defenses to this charge involve demonstration of "Lack of Intent" to follow through with a sex act. For example: it is important to ask whether or not a person had a condom in their possession; whether or not a person was possessing money (in case the Prosecutor is looking to add a charge of Solicitation of Child Prostitution); whether a person possesses the laptop computer that was utilized in the alleged solicitation, etc. The police will immediately secure a search warrant once an individual is placed under arrest. They will then go to their residence or business in order to confiscate the computer. They will then look for the "IP address" and passwords that were involved. Before they do any of this they will have "cloned" the hard drive in order to avoid any accusations that they have somehow tampered with the computer and added images. The police will be looking for the communication that took place, along with any child pornography that may be on the computer. If child pornography is found, they will then add a charge of Child Pornography/ Sexual Exploitation of a Minor (which is much more serious).
Click Here... If you case involves charges of sexual exploitation of a minor/child pornography
At the Law Offices of David Michael Cantor, P.C., we handle a very high percentage of the "Sex Crimes" cases involving private counsel in the State of Arizona. We have one of the largest libraries with research materials devoted to challenging accusations involving sex crimes. In addition, our attorneys have attended numerous seminars sponsored by the National Child Abuse Defense and Resource Center (the leading center in the United States which assists in the defense of the falsely accused). Our attorneys have been highly trained in the clinical and forensic interviewing techniques of children and their families. This allows us to properly question Detectives and other mental health professionals who may have initially interviewed the alleged victim. If the interviewing process was not done correctly, it can often be shown that the Detective "lead" the alleged victim into giving the necessary answers required to charge the Defendant.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon Law Group - www.cantorsimonlawgroup.com/
1-888-8CANTOR 480-858-0808
602-307-0808 623-877-8509
Calls are answered 24 hours a day
Broadway Road & 101 Freeway
2141 E. Broadway Road, Suite 220
Tempe, Arizona 85282
Not GuiltyComplete Acquittal |
04/03/09 |
Extreme DWI, DUI, and DWI |
Not GuiltyComplete Acquittal |
03/19/09 |
Felony Animal Cruelty |
Not GuiltyComplete Acquittal |
01/26/09 |
DUI and DWI |
Not GuiltyComplete Acquittal |
12/18/08 |
Extreme DWI, DUI, and DWI |
Not GuiltyComplete Acquittal |
09/16/08 |
Burglary, Possession of Burglary Tools, Criminal Damage |
Our most recent successes of more than 200 victories.
November 09, 2008
A dozen years ago, 3,000 drunken-driving prosecutions in Tucson…
