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State v. Lewis
292 Or. App. 1
Or. Ct. App.
2018
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Background

  • 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)
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Case Details

Case Name: State v. Lewis
Court Name: Court of Appeals of Oregon
Date Published: May 23, 2018
Citation: 292 Or. App. 1
Docket Number: A159667
Court Abbreviation: Or. Ct. App.