Text messages, social media, dating apps, and other online platforms make it possible to communicate with someone without ever meeting face-to-face. When those conversations become sexual and involve a minor, however, the messages themselves can lead to a serious sex crimes investigation in Tucson, Arizona.
The term “online solicitation of a minor” refers to a broad concept rather than a single specific crime in Arizona. Based on the content of the communication, the recipient’s age, and whether images were exchanged, the charges can escalate to serious felonies. It is important for defendants to understand which statute applies because the elements and potential penalties differ.
What Does Arizona Consider Online Solicitation of a Minor?
One of the primary Arizona statutes involving this type of allegation is A.R.S. § 13-3554, which covers luring a minor for sexual exploitation.
A person commits luring by offering or soliciting sexual conduct with another person while knowing or having reason to know that the other person is a minor. The statute does not require the conversation to happen online.
Arizona also has separate laws that can apply to related online conduct.
Does the Other Person Actually Have to Be a Minor?
No. This is an especially important feature of Arizona’s luring law, which expressly states that it is not a defense that the other person was not actually a minor. As a result, a luring charge can arise from communications with an undercover officer or another adult posing as someone under 18.
What Is Aggravated Luring of a Minor?
Arizona treats certain electronic communications as aggravated luring under A.R.S. § 13-3560.
Aggravated luring involves more than simply offering or soliciting sexual conduct. The statute applies when a person, knowing the character and content of the material, uses an electronic communication device to transmit at least one visual depiction of material harmful to minors for the purpose of beginning or continuing communication with someone the person knows or has reason to know is a minor.
The person must also use the communication to offer or solicit sexual conduct. The alleged offer or solicitation can occur before, during, or after the transmission of the visual material.
Like ordinary luring, aggravated luring does not require the recipient to actually be a minor. Arizona law specifically provides that the fact that the recipient was an adult or a peace officer posing as a minor is not, by itself, a defense.
Can Other Charges Arise From Online Communications With a Minor?
Yes. The contents and circumstances of an online conversation can lead investigators to consider several Arizona statutes.
For example, A.R.S. § 13-1430 addresses child enticement. Among other conduct, the statute prohibits knowingly using an electronic communication device to lure or attempt to lure a minor into distributing a visual depiction of a person’s genitals or female breast.
Arizona also prohibits certain forms of unlawful age misrepresentation. Under A.R.S. § 13-3561, an adult may commit an offense by knowingly misrepresenting their age through an electronic communication device for the purpose of committing a qualifying sexual offense involving a recipient the person knows or has reason to know is a minor.
If the communications involve sexual images depicting a minor, separate sexual exploitation charges may also become an issue.
What Are the Penalties for Luring a Minor in Arizona?
The potential penalties depend heavily on the offense charged and the age involved.
Luring a minor for sexual exploitation under A.R.S. § 13-3554 is a Class 3 felony. If the minor is under 15, the offense is punishable under Arizona’s dangerous crimes against children sentencing statute.
Aggravated luring under A.R.S. § 13-3560 is a Class 2 felony. When the alleged minor is under 15, Arizona’s dangerous crimes against children sentencing provisions can again apply.
Child enticement is generally a Class 5 felony, but it becomes a Class 4 felony when the defendant is in a position of trust.
The sentencing consequences cannot be determined from the phrase “online solicitation” alone. The particular charge, the alleged age, prior convictions, and other sentencing provisions can materially change a defendant’s exposure.
Contact the Tucson Criminal Defense Attorneys at Katsarelis Law Criminal Defense Attorneys for a Free Case Evaluation Today
An online conversation can become the focus of a felony investigation long before the person accused fully understands which Arizona statute police believe was violated. Katsarelis Law Criminal Defense Attorneys represents people facing serious criminal allegations in Tucson and throughout Southern Arizona.
If online messages have led to an investigation or criminal charge, schedule a free case review with our Tucson sex crimes lawyers to discuss how we can help ensure your voice is heard and your future is defended.
For more information, contact the Tucson Sex Crimes attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439
