MEJAK v. GRANVILLE

No. CV-05-0299-PR.

136 P.3d 874 (2006)

Jeremy MEJAK, Petitioner, v. The Honorable Warren J. GRANVILLE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona ex rel. Andrew Thomas, Maricopa County Attorney, Real Party in Interest.

Supreme Court of Arizona, En Banc.

May 24, 2006.


Attorney(s) appearing for the Case

Michael Terribile, P.C. by Michael Terribile, Phoenix, Attorney for Jeremy Mejak.

Andrew P. Thomas, Maricopa County Attorney by Arthur G. Hazelton, Jr., Phoenix, Attorneys for State of Arizona.


OPINION

RYAN, Justice.

¶ 1 In Arizona, a person "offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor" can be charged with "luring a minor for sexual exploitation" ("luring") under Arizona Revised Statutes ("A.R.S.") section 13-3554(A) (Supp.2003). "It is not a defense to a prosecution . . . [for luring a minor if] the other person was a peace officer posing as a minor." Id.<...

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