Beginning in AugustPleasant had several Internet contacts with defendant, who used the screen name "ARhino Defendant admitted having instant message conversations with Kristin15IL and Chicaggo, but denied seeing their profiles. Bailey, Ill. We consider the plain and ordinary meaning of the language in the indictment as read and interpreted by a reasonable person.
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The court considered defendant's conversations with girls other than GirlinIL as evidence of his plan, de, motive, intent, or lack of mistake. On the first occasion, he did not go because he did not want to meet anyone.
Later that day, defendant contacted GirlinIL and asked if she liked older men. While defendant is correct that the statute applies to speech between an adult and a law enforcement officer who poses as a minor, the statute requires that the accused "believe" that the person solicited be under 17 years of age. Free Speech Coalition, U. GirlinIL had indicated that sex "might happen," but defendant had not really thought about it.
Nevertheless, even if, arguendo, defendant had properly raised the defense of entrapment, we would reject his argument.
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Defendant stated that he had had sex with a year-old girl but wanted to be with someone younger. Although defendant makes a general claim that he was prejudiced in preparing his defense, he does not explain how he was prejudiced, and we find no evidence to support his claim. In JanuaryGirlinIL sent defendant an instant message indicating that he was Cihcago her "buddy list," but she could not remember why. Defendant contends that his conversations with Hot bi bottom visiting would have ended on September 21,if Pleasant had not initiated contact with him nearly five months later on January 30, In addition, he asked where she lived, and when and where they could meet.
In reaching this conclusion, we note that defendant's reliance on People v. We note that this standard of review applies equally to bench trials.
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She often referred to her school obligations and schedule, did not want to meet on a "school night," and did not have a driver's. The trial court found defendant guilty of both counts of indecent solicitation of.
When asked his name, defendant replied, "Fred Arndt. Defendant next contends that the State failed Chicaho prove beyond a reasonable doubt that he was not entrapped.
According orzl defendant, communication in an "over-age" chat room negates the intent to solicit a minor. GirlinIL responded that she was deaf and tutored at home. For all of these reasons, defendant's first amendment challenge to section must fail.
Based on the photograph, he could not tell her age, but he assumed that she was over Further, defendant first raised the subject of sex during that conversation by asking GirlinIL about her sexual experiences, whether she liked to be with older men sexually, and whether she was taking birth control pills. Sex chat lines near Moulton AL for free.
In SeptemberPleasant, posing as GirlinIL, entered a chat room but did not engage in conversation. Defendant indicated that people would think they "were father and daughter or relatives.
For example, defendant communicated that he wanted to make "passionate love" to GirlinIL and that they could go to a motel. Over the course of their conversations, she Single ladies in Dansville Michigan told defendant that she did not want her mother or her tutor to catch her talking to him or meeting with him. During an instant message conversation with tammyzxoxox in Decemberdefendant asked whether she liked older men, whether she was taking birth control pills, and what she liked to do with men.
Moreover, defendant is not exposed to the possibility of double jeopardy. Specifically, defendant contends that there is a variance between the charge that he "knowingly solicited he believed to be under the age of 17," and the proof that he was communicating with an adult. Hill, Ill.
Then, he admitted that he was there to meet a girl named Loren, whom Illinosi had met online under the screen name "GirlinIL. The trial court sentenced him to 30 months of probation with various conditions.
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The potential chilling effect on the protected activities of others allows a defendant who is prosecuted for speech or expressive conduct to challenge a law on its face, even if his activities are not protected by the first amendment. Defendant admitted that he and GirlinIL had talked about sex, but stated that he did not intend to have sex with her after their meeting. Thus, there was ample evidence to support the finding that defendant believed GirlinIL to be under the age of Our first task is to determine whether the statute reaches constitutionally protected conduct.
According to defendant, he lied when he told GirlinIL that he had had sex with a year-old girl whom he had met online.
Defendant filed a motion for a new trial, which the trial court denied. Although Pleasant did not engage in any wantig in the chat room, GirlinIL received a message from defendant later that day.
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At the end of their conversation, defendant asked GirlinIL if she would let him know when she would be ready to have a baby with him. Defendant stated that he was 44 years old. Durdin, Ill. As the court in Ruppenthal noted, "hundreds of similarly inappropriate exchanges undoubtedly take place every day on the Internet. He asked tammyzxoxox if any of her friends had become pregnant after having sex with an older man.
On appeal, the defendant did not challenge the statute as applied to him, but argued that a person age 17 or older would be engaging in constitutionally protected speech if he or she asked a year-old spouse for an act of sexual penetration, yet that person could be prosecuted for indecent solicitation of because dex is no exception for married people.
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Ferber, U. There was sufficient evidence to show that defendant intended to engage in an act of sexual penetration with GirlinIL. Defendant asked Pleasant whether he could get an attorney and "just plead guilty. GirlinIL indicated that she could tell her mother that she was meeting friends at the mall and then have her mother drop her off and pick her up. Further, GirlinIL's communication with defendant was consistent with that of an underage girl.