Attempt to commit criminal sexual conduct

Substantial step toward attempted 3rd degree criminal sexual conduct

Following a bench trial, defendant was convicted of attempted third degree criminal sexual conduct in violation of Minn. Stat. §§ 609.17, sub. 1, 609.344, subd. 1(b).  He contended that the evidence was not sufficient because it did not establish that he took a substantial step toward committing the crime.

The Minnesota Court of Appeals held that a person takes a substantial step toward committing third degree criminal sexual conduct by arranging via social media to meet a juvenile to engage in sexual penetration, verifying that the vuvenile has sexual experience and wants to engage in the act, sending explicit photographs to the juvenile suggestive of the act, negotiating to meeting the juvenile’s unoccupied family home to engage in the act, obtaining directions to the home, following the juvenile’s directions to approached the home, and knocking on the front door.  Affirmed.

State v. Wilkie, A18-0288, Steele County.

Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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