State of Arizona v. Kevin Harry Moninger

Summary

The court held that luring a minor for sexual exploitation is generally measured by separate types of sexual conduct or separate victims, with additional offenses possible only when the same conduct and victim are divided into factually distinct courses of conduct. Applying that framework, Moninger’s three day-based convictions involved one continuous course of conduct and therefore violated double jeopardy. The court vacated two convictions, vacated the sentence on the remaining conviction, and remanded for resentencing, holding that the remaining completed luring conviction was not probation eligible.