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Posted on February 28, 2025 in Arizona Order of Protection,Arizona Revised Statutes,Sex Crimes
If an adult attempts to engage a minor for the purpose of an eventual sexual encounter, then under ARS 13-3554, Arizona law defines this as luring a minor for sexual exploitation. It is a serious crime that can lead to felony-level penalties.
In this post, we will see how Arizona law defines luring a minor for sexual exploitation, the penalties for a conviction, and what possible defenses may be available. If you need more information about ARS 13-3554 and how it works, you can call AZ Defenders at (480) 456-6400 to speak with an experienced Arizona sex crimes criminal defense lawyer or ask us a question online.
The beginning of ARS 13-3554 explains the nature of the crime: “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.”
The statute continues to say that it is not a defense that the alleged victim was not actually a minor. This means a defendant can be prosecuted if the alleged victim is not actually a minor but the defendant knew or had reason to know the victim was a minor.
The consequences of luring a minor for sexual exploitation are: a class 3 felony, and if the minor is under fifteen years of age, it is punishable under ARS 13-705. This statute is known as the “dangerous crimes against children” (DCAC) statute and carries harsher penalties.
A person who is convicted of luring a minor for sexual exploitation “is not eligible for suspension of sentence, probation, pardon, or release from confinement on any basis.”
The typical way in which an adult attempts to lure a minor for sexual exploitation begins online, often on social media platforms or chat rooms. A conversation online eventually morphs into what is commonly known as “sexting,” messages that become increasingly sexual in their tone.
If these messages eventually lead to a suggestion by the adult of an in-person meeting to engage in sexual conduct, and the adult making the suggestion knows or should know that the other person is a minor, then the elements of the statutory crime exist.
Examples of communications that can be construed as “luring” include asking to meet to engage in sexual conduct, or can even be visual in nature, like sending a photo or other depiction of a sex act or even child pornography and asking the minor if he or she wants to engage in something like it.
It is not necessary that an in-person meeting between the adult and the minor take place. The offer of such a meeting is enough to constitute “luring.” Indeed, it is possible to be charged with multiple counts of luring a minor based on multiple chat messages.
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Because it is such a serious offense, Arizona law enforcement sex crimes units are constantly on the lookout for adults seeking to lure children to engage in sexual contact, and they will engage in so-called “sting” operations to find them.
A sting operation usually involves an undercover police officer masquerading as a minor online, typically a young girl. If an adult engages with the undercover officer, then the officer will see if the topic of conversation eventually graduates to sexting messages, (if such hasn’t already occurred via text and/or online chats).
If it does, the officer will go on letting the adult believe that he is engaging with a minor and effectively let him “hang himself” with his own sexually suggestive messages. If the adult does not ask for an in-person meeting, the undercover officer might suggest one.
Once the adult arrives at the agreed-upon meeting location, instead of a minor, police officers will be waiting to make the arrest. This makes the evidence of a violation of ARS 13-3554 even more damning than a record of the online conversation.
A conviction for luring a minor for sexual exploitation is a class 3 felony in Arizona, but if the luring charge falls under the category of dangerous crimes against children it can become an even more serious charge.
The penalties for a class 3 felony include prison time, fines, and other legal sanctions. These penalties can vary based on factors including whether the conviction is for a first offense or has committed prior predicate felony offenses, other aggravating factors, and the age of the intended victim.
Here is how a prison term for a class 3 felony increases based on past felony convictions.
| Number of Prior Felony Convictions | Sentencing Range |
| No prior convictions | 2 to 8.75 years in prison |
| One prior conviction | 3.25 to 16.25 years in prison |
| Two prior convictions | 7.5 to 25 years in prison |
Note: Any conviction for luring a minor for sexual exploitation will also require registration on the Federal and Arizona Sex Offender Registries. Enrollment on this registry is for life and prohibits any interaction with anyone under the age of 18, including any minor children of your own.
If the minor involved is under 15 years of age, then under Arizona law the luring attempt becomes a dangerous crime against a child under ARS 13-705. Depending on the circumstances, this statute imposes varying enhanced sentences as follows.
| Type of Offense | Sentencing Ranges |
| Luring of a Minor for Sexual Exploitation | First-time offense:Minimum 5 yearsPresumptive 10 yearsMaximum 15 years With one predicate felony conviction:Minimum 8 yearsPresumptive 15 yearsMaximum 22 years |
| Aggravated First-Degree | First-time offense:Minimum 10 yearsPresumptive 17 yearsMaximum 24 years With one predicate felony conviction:Minimum 21 yearsPresumptive 28 yearsMaximum 35 years With two or more predicate felony convictions:Life in prison with no eligibility for sentence suspension, probation, pardon, or other release from confinement until at least 35 years of the sentence have been served |
| Aggravated Second-Degree | Minimum 5 years in prisonPresumptive 10 years in prisonMaximum 15 years in prison |
If the accused is convicted of multiple counts of luring a minor for sexual exploitation involving a dangerous crime against a child, these terms must be served consecutively, not concurrently.
Some potential defenses exist to a charge that you tried to lure a minor to engage in sexual contact. Some of these defenses rely on interpreting the defendant’s intent in the online communications. Other defenses depend on how the police observed their own evidence-gathering and custody procedures. Another defense could be that the police conduct in the sting operation constitutes “entrapment.”
We cover these common defenses below.
If the nature of the communication between the adult and the minor is not so sexually explicit that a jury might conclude that no intent to engage in sexual contact existed, this might put some reasonable doubt into the mind of at least one juror.
Evidence that the communication and proposed meeting took place with the knowledge and consent of the minor’s parents, or that the defendant lacked the mental capacity to form the necessary intent to lure a minor into sexual activity, may also play a factor in a jury’s decision about whether the defendant knowingly or intentionally intended to engage in sexual contact.
Although both ARS 13-3554(B) and ARS 13-705(S) state that it is no defense that the alleged minor was not in fact a minor, in some narrow circumstances defendants may argue based on prior Arizona court decisions that as long as the adult pretending to be a minor was not a peace officer posing to be one but rather an ordinary adult pretending to be a minor, then no violation of ARS 13-3554 actually occurred.
In some cases, the defendant’s unsuccessful efforts to verify that the alleged victim was, in fact, at least 18 years old may also be a defense or possibly a mitigating factor if a conviction still ensues.
A defense of police entrapment relies on the claim that the police were too aggressive in a sting operation; that they effectively “coerced” the adult into making sexually suggestive messages or into trying to arrange for a meeting.
For example, if the adult expresses a lack of interest in meeting or a reluctance to meet with the purported minor, but the police on the other end keep pressing for such a meeting until the adult eventually decides to go along, an entrapment defense attempts to show that but for the police badgering the defendant would never have wanted to meet in person.
Entrapment occurs when the police use overbearing conduct to trick a defendant into committing a crime. This defense often arises when a person is charged after an undercover sting. Entrapment is an acceptable legal defense provided that the accused shows he/she only committed the crime because of the entrapment and that you were not predisposed to undertake such an action but for the entrapment by police.
No matter what the charge, the police have to follow their own rules when making an arrest, questioning the accused, and properly gathering and preserving evidence. If the defense can establish that the police did not follow proper procedures in the events leading up to the arrest, the arrest itself, or in how they obtained or maintained their evidence against the defendant, these could lead to a possible acquittal.
Examples include entrapment, improperly questioning the accused without advising that person of his constitutional rights to remain silent or to have an attorney present during custodial questioning, making improper police reports, or failing to properly handle evidence they have gathered.
A sex crime conviction of any kind is a serious matter that could result in severe penalties and deeply affect your life. If you are found guilty, you could lose your job, your home, your reputation, and your relationships with friends and family members. If the law requires you to register as a sex offender, it could permanently impact your ability to find a job or housing.
Speak with a knowledgeable sex crime lawyer in Phoenix by calling (480) 456-6400 or using our contact form.