Kevin Kuypers 1-9 Chief Baker
(Commissioner W.T. Robinette, Marion Superior 3 affd)
Child Solicitation (fC) conviction evidence SUFFICIENT even though defendant didn’t ask target sting girl to perform detailed specific acts, nor did he make specific arrangements to meet her in person. Attempts are included and it is enough that a meeting is requested or recommended. An actual meeting need not occur.
FACTS:
Defendant’s on-line chat with made up sting-girl believed to be 15, elicited information from her about her age, height, weight and breast size. He asked what she liked to do for a good time. When she replied name it, he said a “good time” would be “bent over your table with my d*ck in your p*ssy, while I smack your *ss.” Further, he asked her if she liked “doggie,” a clear reference to a specific position for sexual intercourse. He then inquired if she would meet off line. When she said yes, he asked when he could take her out. There were many lines about what would we do? Responses like anything were made, but without any request for specific sex acts. He let her know he had never been in Indy and didn’t know where anything was, and sent her pictures of himself. Because she was grounded, he was to call later to make the arrangements to meet, but he never did.
DISCUSSION: Child solicitation means, to “command, authorize, urge incite, request, or advise” a fourteen or fifteen year old to perform a sex act. It is a C felony if a computer network is used, and it includes attempts. Further, under subsection (d) the state is not required to prove the defendant solicited the child to engage in the act at some immediate time. IC 35-42-4-6.
In the dictionary:
Authorize means to endow a person with authority.
Request means:
ask to be allowed to do;
ask a person to do something;
ask for, express a wish, or desire to do;
ask or be favoured with or given a thing.
Advise means to recommend.
This defendant did more than fantazise about sex, he suggested an in person meeting, thus acting on his fantasy. The legislative scheme does not require that the act of meeting be completed. The act of solicitation is completed upon the mere suggestion of a meeting. Details about time and place need not be injected into the discussion because there is no immediacy requirement. Thus, no immediate request or meeting is required to complete the crime of solicitation. Exposure of children to solicitations …is the statute’s purpose. A completed sex act or meeting is not required.
It can be reasonably inferred from the evidence that the defendant requested and advised (i.e. recommended) the target child meet him and engage in, among other things, sexual intercourse. The evidence is sufficient to support a child solicitation conviction, despite the fact that no meeting took place.