A detective examined defendant's computer, external hard drive, and digital camera card. We note that this is a two-step test and the absence of one element does not afford the defendant the luxury of availing himself of the affirmative defense of entrapment. The officers did not locate any child pornography or other evidence that defendant had previously chatted online with a minor. Defendant initially suggested a hotel “with one bed not two.” At one point in the conversation, baywatch142000 commented, “me bein 14 ․ probably wouldnt be good idea to take me back to base․ What u think? So your house would be the best right if your parents go right.” Later in their chat, defendant asked baywatch142000 if she had pubic hair. Baywatch142000 indicated that she did, then told defendant that she was inexperienced and looking for an older “friend.” Defendant responded that she could practice by doing sexual favors for him and asked her to promise that she would give him her virginity.
I am embarrassed and take full responsibility for my actions.․I admit that I said some very sexual things and had talked about engaging in sexual acts with Jill.
Roy Cooper, Attorney General, by Caroline Farmer, Deputy Director, N. Department of Justice, and Lindsey Deere, Assistant Special Counsel, for the State. In a section of the profile labeled “latest news,” baywatch142000 wrote, “Actually 14.”Within the first minute of chatting, the following exchange occurred:chris morse: what r u up to toda Ybaywatch142000: JUs hanginout ․ school ․ just got home ․chris morse: coolchris morse: yoru in college thenbaywatch142000: 14chris morse: lol u look like yoru 21 at leastbaywatch142000: wish i was ․Within minutes, defendant sent baywatch142000 the address of his My page, which included his name, address, personal photographs, and information about his service in the military.
Chris Randolph Morse (“defendant”) appeals from conviction and judgment of knowingly soliciting a person believed to be a child by computer with intent to commit an unlawful sex act, in violation of N. Her profile also included a photograph of a young blonde woman. The determinant is the point of origin of the criminal intent.
Upon entering the chat room, defendant began chatting with another user known by the screen name “baywatch142000.” Baywatch142000's profile indicated that she was a student named Jill Watson, and listed her age as “114” years old.
Each user in the chat room had a public profile containing personal information entered by the user and accessible by other users in the chat room. Because of its significance in determining the origin of the criminal intent, “when the defense of entrapment is raised, defendant's predisposition to commit the crime becomes the central inquiry.” Id.
The reporter told defendant to sit down on a couch across from her, which he did. E.2d 421 (1982) (Exum, J., dissenting), our Supreme Court noted that, “the essence of entrapment, then, is the inducement by law enforcement officers or their agents of a person to commit a crime when, but for the inducement, that person would not have committed the crime.” Id.