Luring a Minor Defense
A luring charge often grows out of online messages, and many cases begin with an officer posing as a teenager. Before you talk to anyone about it, take a moment to understand what the law requires and what comes next.
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At a glance
- The law: Luring a minor for sexual exploitation is defined in A.R.S. § 13-3554. Aggravated luring, which adds sending harmful material by phone or computer, is A.R.S. § 13-3560.
- How it is classified: Luring is a class 3 felony and aggravated luring is a class 2 felony. Both are sentenced as dangerous crimes against children when the minor is under 15, or the defendant knew or had reason to know the purported minor was under 15.
- Possible sentence: The current text bars probation, so a conviction means prison; a first luring offense carries 2 to 8.75 years, or 5 to 15 years if the minor was under 15.
- Where the case is heard: Maricopa County Superior Court in downtown Phoenix.
- What to do now: Do not delete anything, and do not discuss the messages with anyone until you have spoken with a defense lawyer.
What the law says
Under § 13-3554(A), a person commits luring by offering or soliciting sexual conduct with another person, "knowing or having reason to know" that the other person is a minor, meaning someone under 18. The offer or solicitation is the crime. The statute does not require a meeting, travel or any physical contact.
To convict, the State must prove each of these points:
- You offered or solicited sexual conduct.
- The offer or solicitation was directed to another person.
- You knew, or had reason to know, that the person was a minor.
"Sexual conduct" is a defined term in A.R.S. § 13-3551(11), and it covers a specific list of acts, actual or simulated. Whether vague, joking or suggestive messages meet that definition is often a central question in these cases.
When the "minor" is an officer
Many luring cases come from online investigations in which an adult officer poses as a teenager. Section 13-3554(B) says it is "not a defense" that the other person is not a minor. Section 13-3560(B) adds that it is not a defense that the other person is "a peace officer posing as a minor." In these cases the focus is usually on what you knew or had reason to know, based on the conversation itself.
Aggravated luring
Under § 13-3560(A), aggravated luring has two parts. First, knowing its character and content, you used an electronic device to send at least one visual depiction of material that is "harmful to minors," to start or continue communicating with someone you knew or had reason to know was a minor. Second, through that communication, you offered or solicited sexual conduct with the minor.
Section 13-3560(D) applies the defense in A.R.S. § 13-1407(E) to aggravated luring. It covers consensual conduct where the other person was 15, 16 or 17, and the defendant was under 19 or in high school and no more than 24 months older.
How it is classified
| Charge | Class | If the minor is under 15 |
|---|---|---|
| Luring a minor for sexual exploitation, § 13-3554 | Class 3 felony | Punishable under A.R.S. § 13-705 |
| Aggravated luring, § 13-3560 | Class 2 felony | Punishable under § 13-705(F) |
Under § 13-705(S), it is not a defense to a dangerous crime against children that the minor was a person posing as a minor or was fictitious, if the defendant knew or had reason to know the purported minor was under 15. In a sting case, the age stated in the chat can affect which sentencing range applies.
Where the case is heard
Felonies in Maricopa County are heard in Maricopa County Superior Court in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St.; South Court Tower, 175 W. Madison St.). Confirm the building on your current notice. A Maricopa County felony does not go through a justice court first. After an arrest, you will see a judge for an initial appearance within 24 hours (Ariz. R. Crim. P. 4.1). On a felony, the right to appointed counsel attaches.
Possible penalties
Both statutes now state that a person convicted "is not eligible for suspension of sentence, probation, pardon or release from confinement" on any basis, except as a separate statute allows, until the sentence is served or commuted (§ 13-3554(C); § 13-3560(C)). In plain terms, the current text calls for prison on a conviction. The ranges below are for a first offense.
| Situation | Range (first offense) | Source |
|---|---|---|
| Luring, minor 15 or older | 2 to 8.75 years; 3.5 presumptive | A.R.S. § 13-702(D), class 3 |
| Luring, minor under 15 | 5 to 15 years; 10 presumptive | § 13-705(G) |
| Aggravated luring, minor 15 or older | 3 to 12.5 years; 5 presumptive | § 13-702(D), class 2 |
| Aggravated luring, minor under 15 | 10 to 24 years; 17 presumptive | § 13-705(F) |
A prior predicate felony raises the § 13-705 ranges, for example to 8 to 22 years for luring of a minor under 15. Section 13-705(P) can also require consecutive sentences, so the number of counts matters.
Some online enticement cases are charged federally instead. 18 U.S.C. § 2422(b) carries a minimum of 10 years and up to life. See our federal charges page.
Consequences beyond the sentence
- Registration: Luring and aggravated luring are both listed offenses that require registration with the sheriff under A.R.S. § 13-3821(A). Our page on sex offender registration explains the duties.
- Record: A set-aside is not available for an offense that requires registration (A.R.S. § 13-905(P)). Sealing under A.R.S. § 13-911(O) excludes dangerous crimes against children and class 2 to 5 felonies in the chapter that contains the luring statutes. See record sealing and set-asides.
- Firearms: A felony conviction triggers the federal firearms ban in 18 U.S.C. § 922(g)(1).
- Immigration: Some convictions can lead to removal under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work and licensing: A conviction and registration can affect employment, professional licenses and background checks for years.
Avoiding jail is not the same as avoiding a conviction. In luring cases, the conviction itself triggers registration and the record limits above, so the exact statute and age named in any plea offer matter a great deal.
How we defend luring cases
Every luring case turns on its own messages, so we start by getting the complete record rather than excerpts. Then we test each element and how the evidence was gathered.
- Knowledge of age: Where the conversation began, such as an adults-only site, what age was stated and when, and the photos used can all matter.
- The offer itself: The messages must amount to an offer or solicitation of sexual conduct as the law defines it. Ambiguous or incomplete messages may fall short.
- Who sent the messages: Shared phones, shared accounts and gaps in the data can raise questions about identity.
- Completeness: Screenshots can leave out context. We may request full chat exports, device extractions and agency records.
- Entrapment: Under A.R.S. § 13-206, entrapment is an affirmative defense. You must admit the substantial elements of the offense and prove by clear and convincing evidence that the idea started with officers, that they urged and induced you, and that you were not predisposed. Using a ruse or concealing identity is not entrapment by itself, so this defense needs careful evaluation.
- Searches and statements: Warrants for phones and accounts, and any interview after arrest, can be reviewed for legal problems.
- Mitigation: Your history, work, family support and any evaluations can matter in discussions about the charge and the age alleged.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Yes. Both statutes say it is not a defense that the other person was not actually a minor. The case then centers on what you knew or had reason to know from the conversation.
The current text of both statutes says a person convicted is not eligible for suspension of sentence or probation. Whether a different charge could be negotiated depends on the facts and the evidence. This is one reason early, careful review of the case matters.
A conviction for luring or aggravated luring requires registration under § 13-3821(A). Registration brings ongoing reporting duties, and a set-aside is not available for an offense that requires it. Ask your lawyer how any proposed plea would affect registration.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-3554: Luring a minor for sexual exploitation; classification
- A.R.S. § 13-3560: Aggravated luring a minor for sexual exploitation; classification; definitions
- A.R.S. § 13-3551: Definitions
- A.R.S. § 13-1407: Defenses
- A.R.S. § 13-705: Dangerous crimes against children; sentences; definitions
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-3821: Persons required to register; procedure; identification card; assessment; definitions
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-206: Entrapment
Cornell Legal Information Institute
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