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.

Tags: , , , , , , , , ,

DISCLAIMER: Throughout this website, there are statements on various laws. Please note that this is not legal advice, and no reliance should be taken thereon, and an attorney client relationship is not established hereby. Further, please note that these legal statements may not currently be up to date, because the laws can change daily, and this website does not. Thus, you will always need to actually retain a lawyer to establish an attorney client relationship, to rely upon any advice, and to obtain up-to-date legal research. Thank you.