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December, 2010:

Dog Bites | Dog Attacks | Dog Bite Fatalities

According to the American Pet Products Association, 2009/2010 National Pet Owners Survey 45.6 million Americans own dogs. Dog Bites and the number of American Families Who Own Dogs
While there is no dog bite epidemic, as many would have you believe based upon a very small telephone survey sample, clearly there are is a chance that you or someone you know will suffer a dog bite or dog attack.   While dog attacks appear to be going down in various US cities, the cost associated with the dog attacks seem to be going up!
Number of Reported Dog Bites in US Cities for 1971 and 2005
UD Post Office Reports that Dog Bites are Declining
According to the Chicago Tribune article, Fido puts bite on homeowners claims, August 17, 2010: 

  1. Dog bites accounted for more than 1/3 of insurance claims in 2009
  2. Homeowners and renter’s insurance typically covers dog bites providing $100,000 to $300,000 in coverage
  3. But for people really who want to protect their assets, the first $1 million of personal excess liability insurance costs about $150 to $300 a year

Insurance Information Institute reports:

  1. 16,586 dog bites were reported throughout the US in 2009
  2. Dog bite claims are up 30% from 2003 to 2009
  3. 2009 dog bite claims totaled more than $412 million (Higher than 2008’s 387.2 million in claims)
  4. The cost per claim is up due to increased medical care costs and larger court settlements
  5. The 2009 average cost per claim is$24,840, up 1.5% from 2008

Estimated number of Dog Bite Claims in 2003 to 2009

According to CDC Statistics in 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.

Karen Delise in her extensive 35 year study of fatal dog attacks in the U.S. reported that the most fatal dog attacks occurred in California and the mostly likely dog to attack was a pit bull or a pit bull type of dog.

US States that Reported the Most Dog Bite Fatalities from 1965 to 2001

For more information on dog bites or for a free consultation, please call our office at 602-971-1775 or visit our website www.alexandgaxiola.com.

When Did Qwerty get Dirty? | Adult-to-Adult Sexting | How to Go to Jail

Part IV: Dating and Mating in Technology Gone Crazy World.

Did you just send me a nude, unsolicited photo? OMG!
I don’t even know you!

When did Qwerty get Dirty. Sexting and Texting in a Technology Crazy World

Email Messages On-Line Dating Site
Date & Time: Individual Message
10/18/2010 7:42:35 PM phoenixguy35 hi sexy
10/18/2010 8:40:49 PM iloveroses Hi
10/18/2010 8:42:51 PM phoenixguy35 Your cute my names mark
10/18/2010 9:11:43 PM iloveroses Thanks my name is rita
10/18/2010 9:40:07 PM phoenixguy35 We should hangout sometime
10/18/2010 10:43:49 PM iloveroses Sure. Call me. Rita 480-665-8999
Cell Phone Text Messages
Date & Time: Individual Message
10/21/2010
9:59 AM
phoenixguy35 Sends a funny picture that says: Wake up and listen! Here’s ur Mexican Wake Up Call!  Now have a good day!  Good morning!
10/21/2010
10:00 AM
iloveroses Thank you for the kind words, who is this please?
10/21/2010
10:01 AM
phoenixguy35 Mark from the dating site.  We should hang out. What are you doing right now?
10/21/2010
10:02 AM
iloveroses Working. And U?
10/21/2010
10:03 AM
phoenixguy35 Working also. What do you do?
10/21/2010
10:04 AM
iloveroses I work for attorneys. And U?
10/21/2010
10:05 AM
phoenixguy35 I work in sales. So you wanna get together?
10/21/2010
10:06 AM
iloveroses Sure, let’s get together for a cup of coffee or a happy hour.
10/21/2010
10:07 AM
phoenixguy35 Ya its always happy hour at my place :)
10/21/2010
10:09 AM
iloveroses Well, since I don’t know you, I think having a cup of coffee or a happy hour drink in a public place is best
10/21/2010
10:11 AM
phoenixguy35 Sends a photo [POISONIVY.JPG] of his nude lower body with stimulated genitals
10/21/2010
10:12 AM
iloveroses You just sent me unwanted pornography. What were you thinking?  I just got thru telling you I worked for attorneys. I work for a criminal attorney.
10/21/2010
10:13 AM
phoenixguy35 Ok I’m sorry.
10/21/2010
10:14 AM
iloveroses Sorry. What are you 12? Lose my phone number and don’t ever contact me again!

Call me hopelessly old fashioned, but before I want to see you naked, or any part of you naked, I’d FIRST like to meet you face-to-face, have a cup of coffee, exchange some dialog, maybe even find out what you do and ask your last name – or better yet, see if there is a chemical, emotional or intellectual spark between us!

So, is it really the technology that has gone crazy, or have we as a society, a community and a people slowly devolved to unabashed digital debauchery?  What happened to the kinder more genteel time of manners and culture? Has sensibility become passé?

It may have sounded romantic to go into cyberspace looking for “the one” true love of your life. Perhaps too many long hours working prevents you from a meaningful social life and precludes the chance occurrence of bumping into someone special.  Or, plain and simple desperation to meet and/or date someone may have driven you to cyberspace places, and instead you got that pornographic photo texted to your phone.

Funny … you so innocently posted personal information about yourself in hopes of finding a boyfriend/girlfriend or husband/wife, or just someone to hang out with for fun bowling, at dinner, playing sports, or perhaps to make a new friend.

But, be assured that is NOT why many people join a dating site, social media site, or post a profile on-line.  They are predators looking for prey. You can’t imagine how many times the scenario between phoenixGuy35 and IloveRoses above, or worse, is played-out through cyberspace!  The dangers are real.  Expectations must be balanced with common sense and logic.

For adults, relationship foreplay, used to be relatively simple – flirtatious comments, cat-and-mouse games, hide-and-seek, catch-me-if-you-can, discreet physical touches and chance meetings.  With the permanent establishment of the telephone into our lifestyle came phone sex, with cybersex right on its heels and finally as a society we have notoriously arrived at widespread sexting.

Sexting, initially more highly utilized by teens, is the transmission of sexually explicit or sexually suggestive messages, photographs or videos through a smart cell phone, email, IM, or social networking site.  The sexting epidemic ushered in by the teens has spilled over into the general population and is now widely used by people of all ages.

Unwanted Sexting by Another Adult | What to do

While sexting can be used as a form of flirtation and foreplay among CONSENTING adults, and is often used in committed relationships, what happens if you do not consent to being the recipient to these types of messages?  What is your recourse?

The answer is simple.  As an adult, use your rational intelligence, logic and common sense.

  1. Always save the message[s] as evidence.
  2. Contact the transmitter and explain this type of conduct is unwarranted and any further similar texts/sexts could likely result in criminal charges against him/her.

People who are the recipients of repeated, unwanted pornography and sext messages can pursue legal recourse against the offender by obtaining an order of protection, or filing charges for harassment and/or stalking.

Should unsolicited and unwanted messages continue, contact your local law enforcement for a full investigation.  Always consult with a qualified, experienced criminal defense attorney if you are seeking advice or assistance for filing an order of protection, for obtaining a harassment injunction or for any related questions.

How Can Sexting Affect My Life or Career?

Even if you are a consenting adult involved in intimate sexting with another, you may want to consider possible life and career implications if something goes wrong with that relationship.  There are far too many cyber outlets for Prince Charming or Princess Leia to express their anger and disfavor for you; these are places where anyone can find you including a future or current employer!

Googled Before Interviewed or Hired
Worse Yet — Googled, Then Fired

Increasingly employers are Googling you before they hire you, often even before interviewing you.  They may not employ you if they perceive that you are negatively plastered all over the web.  Be mindful that employers and future partners are looking for integrity, privacy and someone with a good reputation.

Professor S. Craig Watkins at the University of Texas at Austin in an interview with GoCollege Blog stated he saw no problem with universities using social networks as a screening device for applicants. Further, Watkins said to graduates,

“Graduating students, one of the things that they indicated is that when they went out for interviews for jobs, one of the first thing they were asked is, ‘Are you on MySpace?’ or, ‘Are you on Facebook?’ Their potential employers wanted to get access to their profiles.”

Potential employers want to know who you are and want to know they’ve made the right choice in hiring you, or in considering hiring you.

You are a your own kind of personal logo or brand and the posting of personal content in public places can affect the way people perceive you –  either positively or negatively. Be sure to take care what other may post about you online.

Be aware, your current employer can also Google you at any time.  Information they discover about you may cause them to terminate their relationship with you.

In Summary

  • Be careful of what you post,
  • Where you post,
  • Who you agree to meet,
  • Where you meet, and
  • What you text/sext and send to another

And …  if you happen to be married and are caught sexting someone, not your partner … say no more!

Contributed By:  Rhonda Robbins

For a free consultation with any of our attorneys call 602-971-1775 or visit us at:  www.criminallawaz.com.  For personal injury or accident, please visit www.alexandgaxiola.com

see related posts:
Part I – Unwanted Sexting from a Minor | How to Stay Out of Jail
Part II – Sexting with a Minor | How to Go to Jail
Part III – Minor Flirtation with Danger | Sexting Teenagers | How to Go to Jail
Part IV – When Did Qwerty Get Dirty | Adult-to-Adult Sexting | How to Go to Jail

Minor Flirtation with Danger | Sexting Teenagers | How to Go to Jail

Part III : Technology Gone Crazy.
Minors Sexting Minors

Posting personal information on social media sites, concerns about minors

Although they are aware of risks, many teenagers choose to expose personal information about themselves online in public forums and places.  About ¾ of teens have a profile on an on-line social media site of some kind where they have posted themselves, their friends and other personal information.

When asked about whether or not they are concerned with posting personal information on social media sites and on-line profiles, a whopping 68% of teens were not overly concerned about publicizing personal information.

Teens today are extremely technologically connected and much of their life experience is via the internet, social media texting, photo sharing, email, texting and now sexting.  20% of teens’ media consumption occurs on mobile devices: cell phones, iPods or other devices and according to the January 2010 Generation M2, Media in the Lives of 8-18-year olds; Kaiser Family Foundation Study,  teens spend about 49 minutes a day listening to, playing, or watching other media on their phones – they also spend about an hour and a half a day texting. It is estimated that teens who text average 118 texts per day.

The technology infiltrates everything teens do and is often the vehicle they use to express themselves.  They use email, social sites and their cell phone to share, describe and explore their feelings – frustration, joy, excitement – and now their sexuality.

teenagers who sent sexts to peers, boyfriends, girlfriends and why

73% of teens today have cell phones. It is not, therefore, surprisingly that 1 in 5 teens engages in sexting, most commonly sexting boyfriends/ girlfriends, because they believe it to be fun or because they were asked to.  Shocking, however, is that about 1 in 10 teens have sent sexts to individuals unknown to them.

About one-fourth of the teens surveyed think don’t see any problems and that sexting is fine as long as the people both sending and receiving the sext think it’s okay.  Over one-half of the respondents surveyed agreed, “people my age are old enough to decide for themselves whether it is all right for them to send nude or sexually suggestive photos of themselves to other people.”  Slightly under one-half think that adults are overreacting when teens send sexually suggestive text messages and emails to each other.

teens who sexting received text from... and why

The majority of both teen senders and receivers sent sexually suggestive text messages to a girlfriend or boyfriend, thinking it would be a fun and intimate thing to do without considering the global implications of the technology and its far reaches into the world-wide-web.

Many teens admit to sending sexual images with a romantic partner, in lieu of, or as a prelude to, or as a part of sexual activity.

who is more likely to send a sext, a boy or a girl?However, these images shared innocently enough between these love interests can easily be forwarded without the others’ knowledge or permission to friends/classmates, other individuals or posted on a website in a public forum.

Sext senders are more likely to be teenage girls than boys (65%) and while approximately 74% of teens think that receiving or sending nude or nearly-nude/sexually suggestive photos of someone under 18 is wrong, the sexting continues.

In other scenarios the teens are sending sexual images to someone they would like to “hook-up with” as a form of flirtation.  They wish to become romantically involved and it a flirtation.

Sexting | The New Teen Relationship Currency

While many teens are willing sending and receiving these sexual images, other teens are feeling pressured to do so. Moreover, sexting has become a form of relationship currency and is being leveraged in dating and relationships, e.g., for instance if you don’t comply with the request to send sexually suggestive photos to the requester you are ignored and the requester moves on to the next girl.

what happened after a sext was sent to another person?One older high school teen said, “I haven’t [sent sexts] but most of the girls who have are usually pressured by a guy that they like or want to like them, or their boyfriends. It’s probably more common than what it seems because most people who get involved in this were probably pressured by someone to do it.” (Pew Research Center, December 15, 2009 Report on Teens and Sexting).

Teens Take Notice | Teen Sexting is Illegal in Arizona

Arizona is the seventh state to make sexting a juvenile misdemeanor offense with a bill that went into effect on May 7th, 2010.  It is a misdemeanor for a juvenile to use a computer or cell phone to send or possess “explicit sexual material” from another juvenile in the form of a photo or video.

  • Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
  • Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

Sexual exploitation of a minor is a Class 2 felony and punishable with a presumptive five year term of incarceration.

Pursuant to A.R.S. §13-705, however, sexual exploitation of a minor under 15 years of age is classified as a dangerous crime against children, and punishable with a presumptive 17 year term of incarceration. The maximum term of imprisonment for a class 2 misdemeanor is four months.

A.R.S. §13-3560 defines electronic communication device as any electronic device that is capable of transmitting visual depictions and includes computers and cell phones.

A.R.S. §13-3551 defines visual depiction as each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form and that is capable of conversion into a visual image.

What Happens If You’re Caught Sexting a Teen?

(even if you are another teen)

Along with any public or private humiliation of your family, teachers or friends finding out, the law states that the punishment for sexting is as follows:

  • Creates a petty offense for a juvenile who intentionally or knowingly uses an electronic communication device to transmit a sexually explicit depiction of a minor to one other person.
  • Creates a Class 3 misdemeanor for a juvenile who intentionally or knowingly uses an electronic communication device to transmit a sexually explicit depiction of a minor to more than one other person.
  • Creates a petty offense for a juvenile who intentionally or knowingly possesses a sexually explicit depiction of a minor that was transmitted to the juvenile through the use of an electronic communication device.

Conclusion | Teen-to-Teen Sexting Isn’t Worth Ruining Your Life For

Teens you have a long, happy and productive life in front of you.  Don’t blow it just to get a date or to please someone’s curiosity.

Below are some resources that will be helpful for you if you are a teen or an adult wanting to have the “sexting” conversation with your son or daughter, or others. Sexting Brochure

Together, the Arizona Attorney General’s Office and the AZICAC have produced materials for adults and teens with tips to help spot potential internet predators and how to best protect your personal information on the world wide web.  Posters and Resources for Educator and Parents

see related posts:
Part I – Unwanted Sexting from a Minor | How to Stay Out of Jail
Part II – Sexting with a Minor | How to Go to Jail
Part III – Minor Flirtation with Danger | Sexting Teenagers | How to Go to Jail

Sexting with a Minor | How to Go to Jail

Part II: Technology Gone Crazy.
Digital Danger – Don’t Get Caught in it!

According to Wikipedia, “Sexting is the act of sending sexually explicit messages or photographs, primarily between mobile phones. The term was first popularized around 2005, and is a portmanteau of sex and texting, where the latter is meant in the wide sense of sending a text possibly with images.”

Adults are making the headlines for sexting with minors.

A quick Google will easily net you an interesting set of articles. These 20 headlines below are but the tip of the iceberg and is by no means representative of any kind of exhaustive search into the area of sexting.

Arizona Man Accused of Sexting Girl, 13
Buckeye Administrator Involved in “Sexting” Scandal
Man Arrested for Sexting Auburn Teen Scheduled to be Sentenced
Alleged sex-offender pleads not guilty (Auburn Teen Sting)
Pastor Arrested for Sexting Underage Boy
William Tennent teacher arrested after “sexting” teen
Mother Catches Teen Sexting with an Older Man
Bond Reduced for former LPD Officer Jailed for “Sexting” Minor
Michelle Simonson Accused of Sexting Minor
Vegas Coach Accused of “Sexting” Student
Tampa School Official Charged with “sexting” Manatee Boy
MCSO Officer Arrested in Minor Sexting, Exploitation
Cop Busted for Sexting with Minor
Creepy Bieber Lookalike Busted In Sexting Case
Woman Sentenced for “Sexting” with Minor
Prescott Valley Man Arrested for “Sexting” with Minor after Mother Finds Nude Pictures
“Sexting” with a Minor Nets Man 8-Year Term
Man Admits to Sexting with ‘Minor’
18-year-old Held for ‘Sexting’ Minor
33-year-old Cass Lake Woman Sentenced for ‘Sexting’ with a Minor

Above articles are linked to their respective pages. You may also download a PDF for quick reading. While you may consider sexting to be your right and privilege and may think it is a great tool for flirting and sexual experimentation, there is nothing playful or flirtatious about the impact that arrest and subsequent prosecution will have on your life.

What Arizona Law Says about Sexting

Arizona lawmakers in trying to strike a balance between sexting between minors and sexual predators luring and victimizing minors introduced Senate Bill 1266 – juveniles; communication devices; sexual material. The bill sponsored by Senator Paton was first read 01/28/10, signed into law by the Governor Jan Brewer on 05/07/10, makes sexting illegal and a misdemeanor for a juvenile to use a computer or cell phone to send or possess “explicit sexual material” from another juvenile in the form of a photo or video.

However, while it is a misdemeanor for minors, if you are an adult exchanging sexts or “explicit sexual material” with/to a minor you are likely to face felony criminal charges under Arizona laws:

Arizona Revised Statutes (A.R.S.) §13-3553 states that a person commits sexual exploitation of a minor by knowingly:

Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

Sexual exploitation of a minor is a Class 2 felony and punishable with a presumptive five year term of incarceration.

Pursuant to A.R.S. §13-705, however, sexual exploitation of a minor under 15 years of age is classified as a dangerous crime against children, and punishable with a presumptive 17 year term of incarceration. The maximum term of imprisonment for a class 2 misdemeanor is four months.

A.R.S. §13-3560 defines electronic communication device as any electronic device that is capable of transmitting visual depictions and includes computers and cell phones.

A.R.S. §13-3551 defines visual depiction as each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form and that is capable of conversion into a visual image.

And if you aren’t concerned about what the law may do to you, perhaps you might be concerned about what the fathers or families of the minors may do to you. Read this article, “Dad ties up man for ‘sexting’ daughter [dad uses stun gun on man].

see related posts:
Part I – Unwanted Sexting from a Minor | How to Stay Out of Jail
Part II – Sexting with a Minor | How to Go to Jail
Part III – Minor Flirtation with Danger | Sexting Teenagers | How to Go to Jail
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If you have been charged in a criminal offense requiring a seasons criminal defense attorney, contact or office at 602-971-1775 or visit www.criminallawaz.com

Swimming Pool Peril in December


All one has to do is to take a quick snapshot of the local news headlines to see how easily one can be seriously or fatally injured in an accident – be it from an auto, motorcycle, light rail, plane, fire or a swimming pool.

In less than 24 hours, AZ Central news updates have included:

  • 5 articles related to fire with one fatality
  • 7 articles related to auto and motorcycle accidents with one fatality
  • 2 articles related to a plane crash with one fatality
  • 1 article related to the light rail hitting a pedestrian
  • and 2 articles about the near drowning of an 16 month old girl in Glendale

Many of these accident injuries occurred without any previous warning, as people are navigating their way through their normal daily life unaware of any impending danger.

It is easy to be distracted with the shopping, socializing and holiday festivities. However, some thought needs to be directed toward safety. One thing we think little about after summer is over is the “peril of the pool.”

The near drowning of the 16 month old Glendale toddler 2 days after Thanksgiving provides a severe reminder that we cannot let our guard down when it comes to the safety of loved ones.  Family members found the toddler in the back yard pool after apparently following the dog through the dog door.

What are the statistics for water related incidents?

I want my toddler/child to file a claim against me and my homeowners insurance. I do?

A claim should be brought forward on behalf of the underage child, even if it is YOUR child, which seems a little weird.  The child cannot bring it themselves, but may need the benefits to meet any expenses related to medical care or subsequent trauma counseling needed by the child.

Meet with one of our experience swimming pool and personal injury accident attorneys for a free consultation to discuss possible options for any water-related injury or accident that may have occurred with you or someone in your family.  Call 602-971-1775 or visit our personal injury law firm website.

For more safety tips visit the City of Glendale’s Fire and Safety Educational page.

Implications of the Falsification of DUI Reports by Casa Grande Officer Bret Christofferson


Richard Gaxiola, Arizona criminal defense lawyer, Speaks to the outrageous behavior of the Casa Grande officer in fabricating evidence in DUI cases.  The Casa Grande Police Officer,  Bret Christofferson, reportedly could not find a report so he reset the date on the breathalyzer [Intoxilyzer ] unit to recreate the missing report.  Unfortunately, that calls into credibility all his reports and any possible arrests or sentences related to this breathalyzer unit.  Law enforcement has an obligation and a responsibility to present evidence that is candid, that is accurate and that can be evaluated by a criminal defense attorney.  When such falsification of critical evidence occurs it wreaks havoc on the integrity of the criminal justice system.
If you or someone you know may be adversely affected by the falsified breathalyzer reports from a DUI offense issued in Casa Grande, please call our office for a free consultation today at 602-717-0631 or visit our website at www.criminallawaz.com