When a person over 16, using a computer or other electronic device, and with the "intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands" a person under 16 and at least five years younger than the first person to meet for the purpose of committing an unlawful sex act, the first person has committed the crime of solicitation of a child by computer in violation of G.S. 14-202.3. The crime also takes place if first person believes that the second person is underage, even if that is not the case. The Court of Appeals recently decided State v. Fraley, a case in which a 32-year-old man interacted in a computer chat room with a police officer posing as a 14 year old girl. After various discussions of a sexual nature, he eventually arranged to meet her at a mall near her home. When he appeared at the mall, he was arrested. I wanted to take a moment to make three points worth noting about solicitation cases, each of which is suggested to some extent by Fraley. In Fraley, the court of appeals adopted a broad interpretation of "entice[]" and "advise[]." Although I didn't read Fraley's brief, the opinion suggests that he argued along the following lines: sure, we talked about meeting and having sex, but I just asked her to do that -- I didn't offer her anything in exchange, so I didn't entice her to do it, and I didn't recommend that she do it, so [...]
Faculty Coordinators
