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04-Aug-2020 21:07

However, defendant continued to chat with Cassia online for nearly 30 minutes. Defendant agreed to meet Cassia at the mall at a.m. Substantial evidence sustained the jury verdict of guilty of solicitation of a person the defendant believed to be a child, by means of a computer, for the purpose of committing an unlawful sex act. During this time, defendant asked Cassia where she lived, joked that he could “hook up” with her and her mother, and suggested meeting Cassia in person so they could “go somewhere and park.”On 12 December 2007, defendant logged on to NC Romance under the pseudonym “dan claussen.” Defendant chatted with Cassia for nearly 50 minutes. “ ‘The test of the sufficiency of the evidence on a motion to dismiss is the same whether the evidence is direct, circumstantial, or both. Defendant argues that there was no evidence that he “enticed or advised” Detective Marshburn to meet with him within the meaning of N. He also stated that he could get in trouble for talking to Cassia because she was so young. When Cassia stated that she was nervous because she “never did this before,” defendant replied that he had done so once, “but not with someone this young,” adding that he and his previous paramour “just kissed.” When Cassia asked if defendant liked younger girls, he replied in the affirmative because “[t]hey just look better, feel better.” Defendant and Cassia agreed to meet in person at the food court at the mall, and agreed to chat more online so that Cassia could tell defendant “everything that [she] want[ed] to do.”Defendant and Cassia engaged in an online chat that day that lasted an hour. On 13 December 2007, defendant sent Cassia an offline instant message stating, “hey sweetie ․ sorry I didn't call, I will still be there at 1 today and I hope to see you there, bye for now sweetie.” However, defendant and Cassia did not meet that day. After the online chat of 12 December 2007, Detective Marshburn was able to identify the IP address of “moonraker1rain” and “dan claussen,” and tracked it to a military base. In one, he asked if they could meet the next night. Cassia did not respond and did not meet with defendant on 17 December.

BACKGROUNDOn 7 December 2007, defendant, a married father of a nine-year-old daughter, logged on to the Yahoo Internet chat room titled NC Romance (“NC Romance”). In the instant case, defendant was 32 years old and Cassia stated she was 14 years of age. On 15 January 2008, defendant sent an offline instant message to Cassia stating that he would meet her at that morning. Later that morning, defendant and Cassia agreed that they would meet at a.m. At that morning, Detective Marshburn was sitting at a table in the food court of the mall. Cassia gave him a number that, unbeknownst to defendant, was a specific undercover number the RPD would use for Detective Marshburn's cases.

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Defendant said he would call Cassia later that evening, and he and Cassia also agreed to meet at the food court at the mall the next day. “The evidence is to be considered in the light most favorable to the State; the State is entitled to every reasonable intendment and every reasonable inference to be drawn therefrom․” Powell, 299 N. The coworker had given Detective Marshburn permission to use the photos. Before signing off, defendant asked Cassia, “are you a virgin? § 14-202.3(a), nor can we find any case law in our state providing us with a definition.



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