Rehearing Denied July 14, 1959.
[86 Ariz. 83] William Rogers, Jr., and Charlie W. Clark, Phoenix, for appellant.
Robert Morrison, Atty. Gen. of Arizona, Charles C. Stidham, Maricopa County Atty., Phoenix, for appellee.
Appellant appeals from a conviction for contributing to the delinquency of a minor, a violation of A.R.S. § 13-822.
The gist of appellant's first two assignments of error is the insufficiency of the evidence to show any conduct on his part which constitutes a violation of the statute. As indicated by the bill of particulars, the specific charge against him was that he actively urged one Patsy _____, a seventeen-year-old girl, to allow certain motion pictures to be taken of her in the nude. Appellant argues that the evidence was insufficient to show such an urging or encouraging on his part. The record, however, indicates to the contrary.
All the events in question took place at a home in Phoenix, Arizona. The victim of the offense testified:
'Q. And then just what happened? Anybody else talking to you about taking them? A. Well, Bill said that it wasn't really bad.
'Q. Now, was he referring to the taking of the nude pictures? A. Yes.
'Q. You are speaking of Mr. Bockmuller [sic]? I wonder if you'd refer to him as Mr. Brockmuller [sic], Bill Brockmuller, so we can get the whole name here? A. All right.
'Q. Then, Patsy, you did take some nude pictures? A. Yes.'
A.R.S. § 13-822, states as follows:
'A person who by any act, * * * encourages * * * delinquency of a child, as defined by § 13-821, * * * is guilty of a misdemeanor.'
A.R.S. § 13-821, Subsection C, defines 'delinquency' as:
'* * * any act which tends to debase or injure the morals, health or welfare of a child.'
These two sections, taken together, serve to prohibit the encouragement of any act which tends to debase or injure the morals, health or welfare of a child.
Appellant's argument, that the statute is not violated unless the 'encouragement' is so pronounced as to constitute an 'aiding or abetting', has no application in this case. The evidence shows that appellant participated directly in encouraging the commission of the acts in question. This [86 Ariz. 84] is all that ...