Prosecutors will not prosecute Buckeye School principal accused of luring children

BUCKEYE, Arizona. – A Buckeye High School principal allegedly lured child online is not being prosecuted by the Maricopa County Attorney's Office.

On September 9, the Buckeye School Board voted unanimously to fire Buckeye Union High School Principal Joseph Kinney. He was placed on leave on September 3.

The Maricopa County Attorney's Office also announced on September 9 that it would not prosecute Kinney because there was no prospect of a conviction.

“The crime of luring requires proof that the suspect knew or should have known that the person he was communicating with was a minor (under 18),” MCAO said. “In this case, there was no minor; the communication was with an undercover officer.”

MCAO explains in more detail how undercover investigations can lead to a conviction – which was not the case in this case.

“Although the crime of luring can be committed when a suspect communicates with an undercover agent, there must be evidence that the suspect believes he or she is directing his or her communications to a minor. Evidence of this belief or intent is often provided by other actions or comments. Based on the evidence available in this case, the State is unable to prove that the suspect intended to lure a minor for sexual exploitation,” the office said.

The undercover agent in this case sent Kinney a picture to prove she was under 18, MCAO says. However, this did not prove to Kinney that she was actually under 18.

“To prove intent, prosecutors need evidence that the suspect intended to engage in sexual activity with a minor. In this case, there was no such evidence. The undercover officer and the suspect were not in the same state, and the investigative steps normally taken to prove that intent in court were not taken in this case,” MCAO said.

FOX 10 has reached out to the FBI to see if the investigation into Kinney is continuing. We have not yet received a response.