In United States v. Shinn, 2012 U.S. App. LEXIS 11863 (8th Cir. 2012), the Eighth Circuit affirmed a conviction for attempting to induce a child to engage in criminal sexual activities over an argument of entrapment.
The defendant had engaged in an adult romance chat room conversation with what he believed to be a 14-year-old girl, though really a law enforcement officer. The defendant told her that if she was older, he would want to take her out to dinner but said "you're just too young. . . . you want to stay a virgin for as long as possible." The "girl" then indicated she was not a virgin. The two later discussed getting together once she turned 18. As they continued to chat over several months, the conversation progressed to sexual experiences, and the defendant sent her pictures of himself wearing only underwear.
Nearly three months later, the two finalized plans to meet at a hotel. After arriving, the defendant was arrested, and in his car were condoms and cameras, along with the girl's name and contact information. A search of his computer revealed no chats with minors nor evidence related to child pornography. He was convicted and sentenced to sixty-three months in prison.
At trial, the defendant argued inducement as the chat was in an adult romance chat room, the officer initiated some of the chats, and the alleged girl was portrayed "as a sexually precocious teenager." He also argued there was no evidence of predisposition. However, as the Eighth Circuit acknowledged, the defendant initiated the first five conversations and first mentioned sex (referencing her virginity), and he continued to bring sex up over other conversations. Further, predisposition was shown because he "readily availed himself of the opportunity to perpetrate the crime."
The defendant had engaged in an adult romance chat room conversation with what he believed to be a 14-year-old girl, though really a law enforcement officer. The defendant told her that if she was older, he would want to take her out to dinner but said "you're just too young. . . . you want to stay a virgin for as long as possible." The "girl" then indicated she was not a virgin. The two later discussed getting together once she turned 18. As they continued to chat over several months, the conversation progressed to sexual experiences, and the defendant sent her pictures of himself wearing only underwear.
Nearly three months later, the two finalized plans to meet at a hotel. After arriving, the defendant was arrested, and in his car were condoms and cameras, along with the girl's name and contact information. A search of his computer revealed no chats with minors nor evidence related to child pornography. He was convicted and sentenced to sixty-three months in prison.
At trial, the defendant argued inducement as the chat was in an adult romance chat room, the officer initiated some of the chats, and the alleged girl was portrayed "as a sexually precocious teenager." He also argued there was no evidence of predisposition. However, as the Eighth Circuit acknowledged, the defendant initiated the first five conversations and first mentioned sex (referencing her virginity), and he continued to bring sex up over other conversations. Further, predisposition was shown because he "readily availed himself of the opportunity to perpetrate the crime."
