Narrative Opinion Summary
This case involves the conviction of an individual for attempted child enticement, following sexually explicit communications with an undercover officer posing as a minor. The defendant was arrested near the meeting site, the Family Video store, which he had arranged as a rendezvous point. He faced charges under Wisconsin Statute 948.07 for attempting to lure a minor for sexual contact and was also convicted of using a computer to facilitate a child sex crime and misdemeanor bail jumping. The defendant appealed his conviction, challenging the sufficiency of evidence, particularly his intent and actions towards committing the crime. The court upheld the conviction, emphasizing that the defendant's approach to the meeting site and his explicit intention to take the supposed minor to a secluded location were sufficient to establish attempted enticement. The court dismissed arguments regarding premature apprehension and insufficient evidence, referencing similar precedents where proximity and intentions were deemed enough to constitute attempt. Postconviction motions regarding ineffective counsel were rejected, and the sentence was affirmed, although sentence credit was granted. No further appeal arguments were entertained, and the judgment was not recommended for publication.
Legal Issues Addressed
Attempt Law in the Context of Internet Crimes Against Childrensubscribe to see similar legal issues
Application: The court applied the law of attempt, stating that actions towards committing a crime, even if the intended victim is fictitious, are sufficient for conviction when the defendant takes significant steps towards the crime.
Reasoning: Since the police intercepted Mitchell before he completed the crime, the jury was instructed on the law of attempt, which considers actions taken towards committing a crime even if the intended victim is fictitious, as this is a factor beyond the defendant's control.
Characterization of 'Secluded Place' under Child Enticement Statutesubscribe to see similar legal issues
Application: The court dismissed the claim that there was insufficient evidence of intent to take the child to a secluded location, emphasizing Mitchell's stated intention to take 'Chris' to his residence.
Reasoning: Furthermore, Mitchell's claim that there was insufficient evidence of intent to take the child to a secluded location is dismissed, as he had explicitly stated his intention to take 'Chris' to his residence in text messages.
Judicial Interpretation of Precedents in Attempted Child Enticement Casessubscribe to see similar legal issues
Application: The court referenced prior cases like State v. Brienzo, State v. Grimm, and State v. Robins, concluding that Mitchell's actions were consistent with precedents where arriving at a designated meeting place constituted probable cause.
Reasoning: The court concludes that these precedents undermine Mitchell's argument, as proceeding to the agreed location at the scheduled time constitutes a clear action taken in furtherance of the criminal objective, supported by prior explicit communications.
Sufficiency of Evidence for Attempted Child Enticementsubscribe to see similar legal issues
Application: The court assessed the sufficiency of evidence regarding Mitchell's conviction for attempted child enticement, determining that his actions of proceeding to the agreed location at the scheduled time constituted a sufficient action in furtherance of the criminal objective.
Reasoning: Mitchell's conviction for attempted child enticement is upheld despite his argument that the two-block distance from the Family Video to his apprehension site undermines the evidence.