State v. Gamez
227 Ariz. 445
Ariz. Ct. App.2011Background
- Betty, age 13, lived with relatives in New Mexico and lied about being 18 in online chats with Gamez.
- Gamez and Betty met in person in Roswell, then moved to Phoenix and later Mesa, engaging in sexual activity beginning February 2008.
- Betty became pregnant; DNA confirmed Gamez was the father of the child.
- Betty initially concealed her identity to authorities; confrontation calls and police investigation followed; Gamez resisted arrest and was later captured.
- State charged Gamez with multiple offenses including sexual conduct with a minor under 15, unlawful imprisonment, resisting arrest, and aggravated assault.
- Trial court granted the state’s motion in limine precluding an affirmative defense based on belief that Betty was 18; jury found him guilty on most counts and the court imposed staggered sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether knowledge of the victim’s age is an element of sexual conduct with a minor | Gamez argues lack of knowledge should be a defense | State argues age is an element but knowledge of age is not required | Age need not be known; age is element, knowledge not required |
Key Cases Cited
- State v. Gallegos, 178 Ariz. 1, 870 P.2d 1097 (1994) (scant requirement of knowledge of age for §13-1405; focus on act itself)
- State v. Denning, 155 Ariz. 459, 747 P.2d 620 (App. 1987) (knowledge of victim’s age not an element of §13-1406(A))
- State v. Farley, 199 Ariz. 542, 19 P.3d 1258 (App. 2001) (due process requires proof of elements beyond reasonable doubt)