State v. Rufus
2015 ND 212
| N.D. | 2015Background
- Rufus appealed after a bench trial convicted him of human trafficking in North Dakota.
- Undercover deputy, posing as 'Chad Russo', advertised a fourteen-year-old girl for sexual acts on Craigslist.
- Rufus and Russo exchanged multiple Yahoo Messenger messages discussing rates, the girl's age, and meeting details.
- Rufus agreed to exchange two marijuana bags for one hour with the fourteen-year-old girl at a parking lot; condoms were discussed.
- Rufus arrived at the meeting, was arrested, and officers found marijuana, money, beer, a morphine pill, and an oxycodone pill in his vehicle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standards of review for sufficiency | Rufus seeks de novo review of facts and law. | Court should apply substantial-evidence standard; credibility judged by fact-finder. | Sufficiency review uses substantial evidence; de novo not adopted. |
| Whether district court findings were properly evaluated | Some factual findings questionable (e.g., marijuana-for-sex trade initiated by Rufus). | Review focuses on evidence and inferences, not district findings alone. | Court examines the overall record for substantial evidence; not bound to district findings. |
| Interpretation of 'obtain' and applicability to the victim | Elements do not include obtaining a date; argue distinction between services and obtaining a person. | Plain meaning of 'obtain' broad enough to cover acquiring custody for sex acts with a minor. | Obtaining a fourteen-year-old girl for sexual acts falls within Section 12.1-40-01(1). |
| Whether Rufus committed an ‘attempt’ toward human trafficking | Evidence shows substantial steps toward obtaining the girl. | Argues lack of willful intent or substantial step toward trafficking. | Rufus actively pursued meeting, partnered over rates, and brought controlled substance; substantial step established. |
Key Cases Cited
- State v. Corman, 2009 ND 85 (North Dakota) (standard of review for sufficiency of evidence)
- State v. Hartleib, 335 N.W.2d 795 (North Dakota 1983) (criminal findings review in bench trials)
- State v. Berger, 235 N.W.2d 254 (North Dakota 1975) (criminal findings in bench trials explained)
- State v. Steiger, 2002 ND 79 (North Dakota) (methods of reviewing convictions)
- United States v. Jungers, 702 F.3d 1066 (8th Cir. 2013) (obtains broadly construed to include purchasers and suppliers)
- State v. Kopperud, 2015 ND 124 (North Dakota) (statutory interpretation and intent)
- State v. Hafner, 1998 ND 220 (North Dakota) (statutory interpretation basics)
- State v. Wetzel, 2008 ND 186 (North Dakota) (textual interpretation of statutes)
- State v. Stensaker, 2007 ND 6 (North Dakota) (criminal attempt definition and substantial step)