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