State ex rel. Polk v. Hon. Campbell/Kraps
Annotate this CaseFrancis Kraps was indicted on two counts of child prostitution in violation of A.R.S. 13-3212(B)(2). During a pre-trial hearing, the superior court advised Kraps that if he was convicted, the court was required to impose an enhanced sentence between seven and twenty-one years’ imprisonment for each count without the possibility of early release, and that the sentences would be served consecutively. Kraps moved for reconsideration, asserting that because the “minors” involved were actually undercover police officers posing as sixteen-year-old girls, these sentencing provisions did not apply. The court held that “minor,” as used in A.R.S. 13-3212(D) and (G) means a person who is fifteen, sixteen, or seventeen years of age, a peace officer posing as a minor aged fifteen to seventeen years, or someone assisting a peace officer by posing as a minor aged fifteen to seventeen years. Accordingly, the court vacated and reversed.
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