Sex Crimes and Craigslist Stings

San Jose Sex Crimes Lawyer And Santa Clara Sex Acquisition Attorney

The Internet has given California law enforcement officials a relatively easy means of manufacturing sex crimes charges. All that a police officer must do is pose as a minor on an online message board, convince a potential defendant to meet them, and then arrest the defendant when he or she show up for the encounter. The fact there is no actual sex—and no actual minor—is legally irrelevant. In California, it is a felony for anyone to “arrange a meeting with a minor or person he or she believes to be a minor” for purposes of “engaging in lewd or lascivious behavior.”

In order to convict a defendant under this law, the prosecution must prove, beyond a reasonable doubt, that the defendant was “motivated by an unnatural or abnormal sexual interest in children” at the time they “arranged” their meeting with the victim—or, as is often the case, a police officer pretending to be a victim. The California Sixth District Court of Appeals in San Jose recently addressed the standard of proof necessary to prove a defendant’s “motivation” in such cases.

Setting the Trap

This case began when a Monterey County sheriff’s deputy posted a false personal ad on Craigslist seeking a “casual hookup.” Although Craigslist expressly requires anyone posting such ads to affirm they are at least 18 years of age, when the defendant responded to the sheriff’s false post, the officer represented that she was a 15-year-old girl. The officer and the defendant then exchanged a series of emails which led to an arranged meeting. When the defendant arrived, he was arrested and charged with a felony. The defendant then admitted to the officer that he was there to meet a 15-year-old girl, that he was “both horny and stressed,” and that he “had issues with impulse control.” The defendant also had brought a condom at the request of the girl/officer.

The defendant and the officer were the only witnesses who testified at trial. The defendant said he “he never believed” the person he was meeting was actually a minor. The jury convicted the defendant on one count of violation Section 288.4 of the California Penal Code—the “arranging a meeting” statute described above—but failed to convict him on two related counts. The judge sentenced the defendant to one year in jail, three years’ probation, and ordered him to register as a sex offender for the rest of his life.

Upheld on Appeal

The Sixth District upheld the defendant’s conviction. In a published opinion, the appeals court said the law requires that a defendant’s “unnatural or abnormal sexual interest in children” motive must be treated as a “substantial factor” in establishing criminal liability. Having said that, the Sixth District found the evidence presented at trial was sufficient to prove this, noting the “defendant’s conduct in this case was sufficient to support a reasonable inference that his sexual interest in [the officer posing as a 15-year-old girl] was demonstrative of his general sexual interest in children.”

Have You Been Accused of a Sex Crime?

A sex crimes charge can have serious and lifelong consequences. If you are accused, or even suspected, of such a crime, it is imperative that you seek assistance from an experienced Santa Clara sex crimes defense attorney. Contact Wesley J. Schroeder, Attorney at Law, and speak with a lawyer right away.

Source:

http://www.courts.ca.gov/opinions/documents/H040926.PDF