State of Arizona v. Whytte Dragun Duncan

Citations

• 548 P.3d 1128

Syllabus

1. Whether the evidence was sufficient for the trial court to submit the charges of attempted and completed sexual exploitation of a minor to the jury. 2. Whether A.R.S. §§ 13-3551(5) and 13-3553(A)(1)-(2), prohibiting the sexual exploitation of a minor involving exploitive exhibition, are unconstitutionally overbroad as applied to the facts of this case, where the videos and images underlying the sexual exploitation charges contain no sexual conduct or lewd exhibition. 3. Whether the trial court erred in denying Duncan's motion to suppress the evidence gathered through the warrantless search of an electronic device removed from his home by a foster child and the evidence gathered through the subsequent execution of a search warrant for his home.