Aggravated Luring a Minor

13-3560. Aggravated luring a minor for sexual exploitation; classification; definitions
A. A person commits aggravated luring a minor for sexual exploitation if the person does both of the following:
1. Knowing the character and content of the depiction, uses an electronic communication device to transmit at least one visual depiction of material that is harmful to minors for the purpose of initiating or engaging in communication with a recipient who the person knows or has reason to know is a minor.
2. By means of the communication, offers or solicits sexual conduct with the minor. The offer or solicitation may occur before, contemporaneously with, after or as an integrated part of the transmission of the visual depiction.
B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor or that the other person is a peace officer posing as a minor.
C. Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection D.
D. The defense prescribed in section 13-1407, subsection F applies to a prosecution pursuant to this section.
E. For the purposes of this section:
1. "Electronic communication device" means any electronic device that is capable of transmitting visual depictions and includes any of the following:
(a) A computer, computer system or network as defined in section 13-2301.
(b) A cellular or wireless telephone as defined in section 13-4801.
2. "Harmful to minors" has the same meaning prescribed in section 13-3501.

Child Prostitution

13-3212. Child prostitution; classification; increased punishment
A. A person commits child prostitution by knowingly:
1. Causing any minor to engage in prostitution.
2. Using any minor for the purposes of prostitution.
3. Permitting a minor who is under the person's custody or control to engage in prostitution.
4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.
5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.
6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.
7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.
8. Engaging in prostitution with a minor.
B. Notwithstanding any other law, a sentence imposed on a person for a violation of this section involving a minor who is fifteen, sixteen or seventeen years of age shall be consecutive to any other sentence imposed on the person at any time.
C. If a person is convicted of a violation of subsection A, paragraph 8 of this section, the victim is fifteen, sixteen or seventeen years of age and the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than thirty days. This jail term of incarceration shall not be deleted, deferred or otherwise suspended and shall commence on the date of sentencing. This subsection does not apply to persons who are sentenced to serve a period of incarceration in the state department of corrections.
D. Child prostitution is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.
E. If the minor is fifteen, sixteen or seventeen years of age, child prostitution pursuant to subsection A, paragraph 1, 2, 3, 4, 5, 6 or 7 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:
1. The term for a first offense is as follows:

Exploitation of a Minor, Commercial

13-3552. Commercial sexual exploitation of a minor; classification
A. A person commits commercial sexual exploitation of a minor by knowingly:
1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
3. Permitting a minor under the person's custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
B. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Exploitation of a Minor, Sexual

13-3553. Sexual exploitation of a minor; evidence; classification
A. A person commits sexual exploitation of a minor by knowingly:
1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
C. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Furnishing Obscene Material to Minors

13-3506. Furnishing harmful items to minors; applicability; classification
A. It is unlawful for any person, with knowledge of the character of the item involved, to recklessly furnish, present, provide, make available, give, lend, show, advertise or distribute to minors any item that is harmful to minors.
B. This section does not apply to the transmission or sending of items over the internet.
C. A violation of this section is a class 4 felony.

13-3506.01. Furnishing harmful items to minors; internet activity; classification; definitions
A. It is unlawful for any person, with knowledge of the character of the item involved, to intentionally or knowingly transmit or send to a minor by means of electronic mail, personal messaging or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.
B. This section does not apply to:
1. Posting material on an internet web site, bulletin board or newsgroup.
2. Sending material via a mailing list or listserv that is not administered by the sender. For the purposes of this paragraph, "mailing list" or "listserv" means a method of internet communication where a message is sent to an internet address and then is retransmitted to one or more subscribers to the mailing list or listserv.
C. It is not a defense to a prosecution for a violation of this section that the recipient of the transmission was a peace officer posing as a minor.
D. A violation of this section is a class 4 felony.
E. The failure to report a violation of this section is a class 6 felony as prescribed by section 13-3620.
F. For the purposes of this section:
1. "Internet" means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the transmission control protocol or internet protocol or any successor protocol to transmit information.
2. "Internet web site" means a location where material placed in a computer server-based file archive is publicly accessible, over the internet, using hypertext transfer protocol or any successor protocol.

House of Prostitution

13-3208. Keeping or residing in house of prostitution; employment in prostitution; classification
A. A person who knowingly is an employee at a house of prostitution or prostitution enterprise is guilty of a class 1 misdemeanor.
B. A person who knowingly operates or maintains a house of prostitution or prostitution enterprise is guilty of a class 5 felony.

Indecent Exposure

13-1402. Indecent exposure; exception; classification
A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.
B. Indecent exposure does not include an act of breast-feeding by a mother.
C. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor. Indecent exposure to a person who is under fifteen years of age is a class 6 felony.

Kidnapping

The crime of kidnapping requires proof of the following three things:

1.         The defendant knowingly restricted [another per­son's] [a child's] [an incompetent person's] movements; and

2.         The restriction was accomplished

a.         [by (physical force) (intimidation) (or) (deception)] [or] [without the consent of the custodian of the (child) (incompetent person)]; and

b.         in a manner which interfered substantially with the person's movements; and

c.         [by moving the person from place to place] [or] [by confining the person]; and

3.         The restriction was with the intent to

[hold the person (for ransom) (as a shield) (or) (as a hostage)];

[hold the person for involuntary servitude];

[inflict (death) (physical injury) (or) (               ) on the person];

[aid in the commission of a felony];

[place a person in reasonable fear of immediate physical injury to (that person) (or) (another person)];

[interfere with the performance of a governmental or political function];

[seize or exercise control over a(n) (airplane) (train) (bus) (ship) (other vehicle)].

13-1304. Kidnapping; classification; consecutive sentence
A. A person commits kidnapping by knowingly restraining another person with the intent to:
1. Hold the victim for ransom, as a shield or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or such third person.
5. Interfere with the performance of a governmental or political function.
6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.
B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest and prior to accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-604.01. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.

Luring a Minor

13-3554. Luring a minor for sexual exploitation; classification
A. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.
B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor.
C. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Molestation of a Child

Molestation of a child requires proof of the following:

A person knowingly touched, directly or indirectly, the pri­vate parts of a child under the age of fifteen years

or caused a child under the age of fifteen years to touch, directly or indirectly, the private parts of the person.

It is a defense to child molest that the person was not motivated by a sexual interest.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with child molest and molestation of a child.  The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with child molest or molestation of a child. 

It is almost always in a person’s best interest to not talk to police when the police are investigating a person.  Every person in the United States, whether they are a citizen or not, have the right to remain silent.  In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”.  The best thing to say is “I want my lawyer present before I answer any questions".

If a person is convicted of child molest or molestation of a child that person is facing a prison sentence.  That prison sentence ranges from 10-24 years.  Additionally, any prison sentence for child molest and molestation of a child is flat time.  Which means that for child molest and molestation of a child a person serves every day of their sentence.  However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with molestation it is very important to retain an attorney as quickly as possible.  The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime. 

The law for child molest in Arizona is Arizona Revised Statute 13-1902

13-1410. Molestation of child
A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child under fifteen years of age.
B. Molestation of a child is a class 2 felony that is punishable pursuant to section 13-604.01.

Pimping

13-3204. Receiving earnings of prostitute; classification
A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution, is guilty of a class 5 felony.

Sexual Abuse

The crime of sexual abuse requires proof of the following:

1. A person intentionally or knowingly engaged in sexual contact with another person; and
2. the other person was under fifteen years of age; and
3. the sexual contact involved the female breast by any part of the body

The attorneys at Shell & Nermyr have won sex abuse trials and have convinced the government to dismiss sex abuse cases.  It is a defense tto sex abuse if the person was not motivated by sexual interest.

13-1404. Sexual abuse; classifications

A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.
B. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-604.01.

Sexual Assault

The crime of sexual assault requires proof of any of the following:

1.         [The defendant intentionally or knowingly had oral contact with the (penis) (vulva) (anus) of another person without the other person's consent]; or

2.         [The defendant intentionally or knowingly penetrated the (penis) (vulva) (anus) of another person with (a part of his body) (an object of another person) without the other person's consent]; or

3.         [The defendant intentionally or knowingly mastur­bated the (penis) (vulva) of another person without the other person's consent].

"Without consent" includes the following situations:

1.         The victim was coerced by the [immediate] [threatened] use of force against a person or property;

2.         The victim could not consent because of [a mental disorder] [drugs] [alcohol] [sleep] [                         ], and the defendant knew or should reasonably have known about this condition;

3.         The victim was intentionally deceived about the nature of the act.

13-1406. Sexual assault; classification; increased punishment
A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.
B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-604.01. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-702, subsections B, C and D. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows:

The term for a defendant who has one historical prior felony conviction is as follows:

The term for a defendant who has two or more historical prior felony convictions is as follows:

C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.
D. Notwithstanding sections 13-604 and 13-604.01, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-604.01, subsection A.

Sexual Conduct With a Minor Under Age Fifteen --- Minor the Actor

The crime of sexual conduct with a minor under age fifteen requires proof of the following three things:

1.         [The defendant intentionally or knowingly caused another person to have oral contact with the (penis) (vulva) (anus) of the defendant]; or

[the defendant intentionally or knowingly caused another person to penetrate the (penis) (vulva) (anus) of the defendant with (a part of the body of the other person) (an object)]; or

[the defendant intentionally or knowingly caused another person to masturbate the (penis) (vulva) of the defendant]; and

2.         The other person had not reached [his] [her] fifteenth birthday; and

3.         The other person was not [legally married to] [cohabiting with] the defendant.

13-1405. Sexual conduct with a minor; classifications
A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.
B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-604.01. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor's parent, stepparent, adoptive parent, legal guardian or foster parent and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted

Taking a Child for Prostitution

13-3206. Taking child for purpose of prostitution; classification
A person who takes away any minor from the minor's father, mother, guardian or other person having the legal custody of the minor, for the purpose of prostitution, is guilty of a class 4 felony. If the minor is under fifteen years of age, taking a child for the purpose of prostitution is a class 2 felony and is punishable pursuant to section 13-705.