State v.

Robins (2002)
FACTS
- attempted child enticement
- online chatting & exchanged emails
- tried to get phone number, motel room
- d= 46yrs. Govt agent= 42yrs posing as 13yrs boy
- planned to meet at a Burger King, arrested while entering the Burger
King
- acknowledged what he was doing was illegal
PROCEDURAL POSTURE
-Court denied motion to dismiss, finding sufficient evidence to establish
probable cause. Court of appeals granted interlocutory appeal.
D claimed lack of probable cause
ISSUE
-Whether the defendant can be convicted for child enticement in a sting
where he wasnt actually interacting with a minor.
RULE STATEMENT
Under WI law, one cannot attempt to commit a crime which does not itself
include an element of specific intent.
COURT REASONING
Ct of app. Noticed child enticement statute encompasses the complete act of
enticement as well as its attempt & fictitious victims were extraneous factors
that intervened to make his crime an attempted rather than completed.
- attempted child enticement is not an attempt to commit a strict
liability crime.
- May be charged where the extraneous factor that intervenes to make
the crime an attempted rather than completed child enticement
HOLDING
Can still be violated even when no actual child was contacted
Order of circuit court affirmed, cause remanded
NOTES