CASE LAW UPDATE: Whether the evidence did establish attempted 3rd degree criminal sexual conduct?
Defendant was convicted of attempted third degree criminal sexual conduct. On appeal, defendant argued that the State failed to prove that he committed an act that was “a substantial step toward, and more than preparation for” the commission of 3rd degree criminal sexual conduct. A divided panel of the Minnesota Court of Appeals affirmed defendant’s conviction.
The Minnesota Supreme Court held that the evidence of defendant’s communications with a decoy online profile of a 14 year old boy, combined with his arrival at the decoy’s purported home at his direction, did present sufficient evidence to prove that defendant committed an act that was a “substantial step toward, and more than preparation for” the commission of 3rd degree criminal sexual conduct, thus meeting the requirement of the attempt statute, Minn. Stat. §609.17. Affirmed.
State v. Wilkie, A18-0288, Minnesota Supreme Court (seminal case).
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.