State v. Green
397 S.C. 268
| S.C. | 2012Background
- Green, 27, used an online persona to chat with Mandy, who claimed to be 14; Mandy was an undercover investigator's decoy.
- The chat became sexual; Green sent explicit photos and arranged to meet Mandy at a Beech Island location.
- Green traveled to the meeting location and was arrested; officers found incriminating materials in his vehicle.
- Green was indicted and convicted of criminal solicitation of a minor and attempted CSC with a minor in the second-degree.
- He appealed arguing First Amendment overbreadth/vagueness, admissibility of photographs, and sufficiency/intent issues, among others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 16-15-342 is overbroad or vague | Green contends statute chills speech and is vague. | State contends statute narrowly targets predatory conduct toward minors. | Statute not overbroad or vague. |
| Whether trial court erred in denying dismissals and directed verdicts on attempted CSC | Green argues impossibility since Mandy was a decoy; lack of actual minor. | State shows intent and overt acts fulfilled the offense despite no real minor. | Convictions sustained; legal impossibility not a defense here. |
| Admission of photographs of Green's penis | Photographs were prejudicial and inflammatory. | Photos corroborate intent and grooming; probative value outweighs prejudice. | Admission proper; any error harmless. |
| Whether the judge should have charged attempted ABHAN | Evidence could support lesser-included attempted ABHAN. | No ABHAN evidence; only attempted CSC with a minor. | No error in denying ABHAN charge. |
| Sufficiency of evidence for specific intent and overt act in attempted CSC | State failed to prove specific intent for a minor; decoy undermines. | Chat, photos, and meeting arrangements prove intent and overt act. | Evidence sufficient to submit to jury. |
Key Cases Cited
- United States v. Williams, 553 U.S. 285 (U.S. 2008) (overbreadth must be substantial relative to legitimate sweep)
- Broadrick v. Oklahoma, 413 U.S. 601 (U.S. 1973) (breathing space for First Amendment; narrowly drawn rules)
- State v. Reid, 383 S.C. 285 (Ct. App. 2009) (elements of criminal solicitation; affirmed on appeal)
- State v. Dingle, 659 S.E.2d 101 (S.C. Ct. App. 2008) (improper consideration of defense; plain meaning of statute)
- State v. Gaster, 564 S.E.2d 87 (S.C. 2002) (statutory validity and constitutional standards)
- State v. Weston, 625 S.E.2d 641 (S.C. 2006) (sufficiency of evidence for attempted CSC guidelines)