State v. Lewis
292 Or. App. 1
Or. Ct. App.2018Background
- Detective Burroughs (undercover) posted an escort-style ad on Backpage purporting to be “Sam,” stating she was 17 (post also listed age as 18) and provided a phone number.
- Defendant responded by text, negotiated payment, asked for pictures, and arranged an in-person meeting; messages included sexual-transaction language (price, "GFE," condoms, coke).
- After several texts and confirming logistics, Burroughs (posing as Sam) texted "You only turn 15 once" and otherwise indicated Sam was a minor; defendant then asked if he could come over and arrived at the address, where he was arrested.
- Defendant moved for judgment of acquittal at trial arguing the state failed to prove he "solicit[ed]" a child because plans for sexual contact predated his knowledge of Sam’s minority and, after learning her age, he merely passively acquiesced.
- Trial court denied the motion; a jury convicted defendant of first-degree online sexual corruption of a child (ORS 163.433). Defendant appealed challenging statutory meaning of "solicit."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant "solicit[ed]" a child via online communication under ORS 163.432(1) and ORS 163.431(5) | State: Text messages after defendant knew the minor’s age asking to come over and confirming meeting were requests to engage in sexual contact — i.e., solicitations. | Defendant: "Solicit" requires affirmative outreach to seek sexual contact with a minor; here the sexual arrangement was made before he knew the age, and after learning it he only passively acquiesced. | Court: "Solicit" includes requests like "Can I head over?" and "I'm good to come over now?" — those messages after learning age suffice for solicitation; conviction affirmed. |
Key Cases Cited
- State v. Holsclaw, 286 Or. App. 790 (Or. Ct. App. 2017) (standard for reviewing statutory construction and sufficiency of evidence challenge)
- State v. Gaines, 346 Or. 160 (Or. 2009) (court explains approach to statutory text and context)
