Need an AZ Child Sex Exploitation Lawyer? Contact David Michael Cantor if you have been charged with Luring a Minor for Sexual Exploitation.
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.
Possible Punishment for Luring a Minor for Sexual Exploitation
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.
Possible Defenses for Luring a Minor for Sexual Exploitation
Most defenses to this charge of Luring a Minor for Sexual Exploitation 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).
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, including Luring a Minor for Sexual Exploitation. 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” for Luring a Minor for Sexual Exploitation, which a Luring a Minor for Sexual Exploitation Lawyer may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, 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 a skilled Luring a Minor for Sexual Exploitation Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Luring a Minor for Sexual Exploitation case.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an AZ Child Sex Exploitation Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its 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 AZ Child Sex Exploitation Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to an AZ Child Sex Exploitation Lawyer. We will assist you with your Luring a Minor for Sexual Exploitation case.
