State of Arizona v. Hon. marner/haniffa

Summary

The court held that Arizona’s luring statute and dangerous-crime-against-children statute do not require an actual minor victim before the State may seek a sentencing enhancement. It reasoned that the statutory text, related provisions, and legislative history collectively eliminate fictitiousness as a defense both to prosecution and to the enhancement. The court vacated the intermediate appellate decision, reversed dismissal of the enhancement allegation, and remanded for resentencing.