State ex rel. Polk v. Campbell (Kraps)

Summary

The Arizona Supreme Court held that enhanced and consecutive sentencing provisions under A.R.S. § 13-3212 apply when a defendant engages in child prostitution with an undercover peace officer posing as a fifteen-, sixteen-, or seventeen-year-old minor. The court vacated the court of appeals’ opinion and reversed the superior court’s ruling that the sentencing provisions applied only when an actual minor was involved.

Holdings

1. The term "minor" in A.R.S. § 13-3212(G) includes a peace officer posing as a fifteen-, sixteen-, or seventeen-year-old minor, or a person assisting such an officer. Accordingly, the enhanced felony classification and sentencing provisions apply to a defendant convicted under § 13-3212(B)(2) in an undercover operation.
2. The consecutive-sentencing provision in A.R.S. § 13-3212(D) applies to a conviction under § 13-3212(B)(2) involving an undercover peace officer posing as a fifteen-, sixteen-, or seventeen-year-old minor.

Questions Presented

1. Whether the enhanced sentencing provisions in A.R.S. § 13-3212(G) apply when an undercover peace officer poses as a fifteen-, sixteen-, or seventeen-year-old minor.
2. Whether the consecutive-sentencing provision in A.R.S. § 13-3212(D) applies when an undercover peace officer poses as a fifteen-, sixteen-, or seventeen-year-old minor.

Disposition

reversed_and_remanded