In the U.S. generally and in Arizona specifically, every defendant has the right to be free from prosecution for the same offense multiple times. Sometimes, it is easy for a court to determine when a case violates this right. Other times, it is not so straightforward. In a recent case before the Arizona Supreme Court, it was unclear whether the defendant’s three separate convictions should have been prosecuted one conviction instead. The court ultimately used the nature of the offense to determine that the criminal activity should have been taken as one offense instead of three separate offenses. This was a victory for the defendant, whose sentence will be reduced as a result.
Facts of the Case
In the case before the Arizona Supreme Court, investigators began a conversation with the defendant after he posted ads on a website designed to facilitate sexual encounters. The investigators posed as a thirteen-year-old girl, and the defendant promptly began sending explicit messages to the “girl.” The two individuals arranged a meet up. During the three days between when the pair arranged the meet up and the date of the meet up, the defendant and the “girl” exchanged approximately 1,000 text messages, many of them very explicit in nature.
When the defendant arrived at the agreed-upon place, police officers arrested him. The State charged him with three counts of luring a minor under the age of fifteen for sexual exploitation. A jury found the defendant guilty, and the trial court sentenced him to thirty-one years in prison. This sentence was based on three distinct violations of Arizona law, given that the defendant sent explicit and luring messages on three separate days leading up to the supposed meet-up.
Continuous Course of Conduct
The issue on appeal became whether the court should have sentenced the defendant based on one criminal offense instead of three. In its ruling, the court ultimately decided that the State was incorrect to charge the defendant with three separate counts of luring. The defendant’s conduct, said the court, was based on one “continuous course of conduct: soliciting one type of sexual conduct from one victim on three successive days.”
Because the conduct was one continuous crime instead of three distinct crimes, the court determined that the defendant’s second and third luring convictions should be vacated. The second and third convictions violated the defendant’s right to be free of double jeopardy, meaning his right to be free of being prosecuted multiple times for the same offense. The court’s decision, in turn, would decrease the defendant’s sentence.
Do You Need a Phoenix Sex Crimes Attorney?
At the Law Office of James E. Novak, we work relentlessly to get your charges dropped, because we understand how much is at stake when your freedom is on the line. Our team is aggressive, experienced, and thorough, and we take the time to develop an individualized strategy for each of our clients. If you haven’t yet spoken with an experienced Phoenix sex crimes attorney regarding your case, call us at the Law Office of James E. Novak for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible.