80 So. 3d 626
La. Ct. App.2011Background
- Williams was convicted of Computer-Aided Solicitation of a Minor under LSA-R.S. 14:81.3 after a judge trial.
- Kenner Police conducted online sting operations posing as a minor; Williams used aliases and engaged in chats with Ashton, a purported 14-year-old.
- Chat logs show Williams discussed sexual topics and proposed meeting, including explicit requests and to engage in sexual activity.
- On May 28, 2009 Williams was arrested in a truck; officers recovered a laptop and chat transcripts; Williams admitted he used the aliases.
- Defense raised entrapment and insufficiency challenges; trial court ruled defense failed; conviction and sentence affirmed on appeal.
- The court emphasized the statute targets the communication and intent to solicit or engage in sexual conduct with a minor, not the ultimate contact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove intent to solicit a minor | Williams clearly intended to persuade Ashton to engage in sexual conduct. | No explicit intent shown; communications were part of police setup. | Evidence sufficient; circuit affirmed. |
| Entrapment defense viability | No entrapment; defendant initiated contact and had predisposition. | Police inducement created the crime. | Entrapment defense rejected; defendant predisposed. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficiency test for evidence beyond a reasonable doubt)
- State v. Suire, 19 So. 3d 640 (La. App. 3 Cir. 2009) (two-scenario reading of computer-aided solicitation statute; focus on communication and intent)
- State v. Petta, 729 So. 2d 29 (La. App. 5 Cir. 1999) (entrapment standard and predication analysis)
- State v. Falcon, 956 So. 2d 650 (La. App. 5 Cir. 2007) (predisposition vs. inducement in entrapment analysis)
- State v. Brand, 520 So. 2d 114 (La. 1988) (entrapment trap line between predisposed criminal and unwary innocent)
- State v. Chism, 436 So. 2d 464 (La. 1983) (circumstantial evidence and inference standard)
- State v. Neal, 796 So. 2d 649 (La. 2001) (Jackson sufficiency applied to circumstantial evidence)
- State v. Mull, not applicable (not applicable) (not cited in opinion)