State v. Davies

2008 WL 4965306 (2008)

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State v. Davies

Arizona Court of Appeals
2008 WL 4965306 (2008)

AR

Facts

Russell Davies (defendant) was convicted in Arizona state court of luring a minor for sexual exploitation based on Internet-chatroom conversations he had with a police officer posing as a 14-year-old girl. Davies was arrested when he went to an apartment complex to meet the girl after the chat became sexual in nature. During trial, the state admitted that there was no evidence that Davies was predisposed to this type of crime, but it argued that the idea to commit the offense did not originate with the officer. The chatroom was not sexually explicit in nature. In the chatroom conversations, Davies asked the officer if she was too young to have a boyfriend, what she did on her dates with her boyfriend, and if she wanted to hangout and kiss. After the girl asked him for more details about what he would like to do, Davies responded that he would like to touch her between her legs. Davies asked for the jury to receive an instruction regarding the affirmative defense of entrapment, but the trial court refused. Davies appealed to the Arizona Court of Appeals, arguing that he was entitled to the entrapment instruction because there was some evidence reasonably supporting the defense.

Rule of Law

Issue

Holding and Reasoning (Swann, J.)

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