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State v. Reid
393 S.C. 325
| S.C. | 2011
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Background

  • Petitioner Reid was charged with attempted second-degree criminal sexual conduct with a minor and criminal solicitation of a minor after contacting a decoy minor in an online chat and arranging a meeting.
  • Petitioner believed he was chatting with a fourteen-year-old female; the decoy was a Westminster Police Officer.
  • Petitioner traveled to the designated meeting location at Westminster Middle School parking lot at night, intending sexual contact.
  • Trial court denied Reid's directed verdict motion on the attempt charge; the State presented evidence of an overt act beyond mere preparation.
  • Reid was convicted on both counts; the court of appeals affirmed, and we granted certiorari to review the denial of the directed verdict as to the attempted CSC charge.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the evidence showed specific intent to commit CSC with a minor Reid argued the evidence only showed mere preparation, not specific intent. State argued Reid clearly intended to have a sexual encounter with a minor. Yes; the evidence presented a jury question on specific intent.
Whether Reid's travel to a prearranged meeting place constituted an overt act Reid contends there was no overt act beyond preparation. State contends traveling to the meeting place after arranging to meet constitutes an overt act. Yes; the agreement to meet and traveling to the location may constitute an overt act.

Key Cases Cited

  • State v. Sutton, 340 S.C. 393, 532 S.E.2d 283 (2000) (establishes that to prove attempt, must show specific intent and overt act)
  • State v. Nesbitt, 346 S.C. 226, 550 S.E.2d 864 (Ct.App. 2001) (overrt act requirement articulated; reliance on traditional framework)
  • In re Quick, 199 S.C. 256, 19 S.E.2d 101 (1942) (articulates the mere preparation–overt act distinction in attempt cases)
  • State v. Rallo, 304 S.C. 258, 403 S.E.2d 653 (1991) (discusses overt act concept in attempt context)
  • State v. Evans, 216 S.C. 328, 57 S.E.2d 756 (1950) (early articulation of overt act principle in attempts)
Read the full case

Case Details

Case Name: State v. Reid
Court Name: Supreme Court of South Carolina
Date Published: Jul 11, 2011
Citation: 393 S.C. 325
Docket Number: 27004
Court Abbreviation: S.C.