Luring a minor, wrong charge brought

We have all seen the TV reporter who pretends to be a minor on myspace. A conversation with an adult eventually turns to the topic of sex and a meeting is arranged, whereby the adult is confronted by the reporter. Can a defendant be found guilty of luring a minor for sex if the person being lured was not a minor? In the recent Arizona Supreme Court case of Mejak v. Granville, a television reporter pretended to be a 13 year-old girl and eventually confronted the defendant after a sexual encounter was arranged. The prosecutor charged the defendant with luring a minor for sex, but not with attempt. After his conviction, the defendant appealed. The Arizona Supreme Court held that a defendant cannot be held criminally liable for a completed crime when it is impossible to commit it. The court explained by analogy that a defendant who possesses what he thinks to be an illegal drug, but is not, cannot be charged with possession, but only attempted possession. Likewise, the defendant should have been charged with the attempted luring of a minor. The Court held that unless the person who pretended to be the minor is a police officer, the person lured must be a minor for the defendant to be guilty of the completed crime of luring a minor. An attempt carries with it less punishment than the completed crime. The crime of luring a minor for sex is a class 3 felony, whereby the attempt could only be a class 4 felony.

For further information on Arizona sexual offenses, their potential punishments, as well as possible defense strategies, please visit www.win-law.com.