Court of Appeals of Missouri, Western District, Second Division
APPEAL FROM THE CIRCUIT COURT OF PLATTE COUNTY, MISSOURI. THE HONORABLE ABE SHAFER, JUDGE.
Rachel Flaster, for Respondent.
Laura G. Martin, for Appellant.
Before Division Two: Lisa White Hardwick, Presiding Judge, Victor C. Howard, Judge and Cynthia L. Martin, Judge. All concur.
VICTOR C. HOWARD, JUDGE
Kristopher Anderson appeals his conviction following a bench trial for enticement of a child, section 566.151, RSMo Cum. Supp. 2013, and sentence of five years imprisonment. In his sole point on appeal, he contends that the evidence was insufficient to support the conviction because the State failed to prove lack of entrapment beyond a reasonable doubt. The conviction is affirmed.
In reviewing the sufficiency of the evidence in a court-tried criminal case, the appellate court's role is limited to determining whether the State presented sufficient evidence from which a trier of fact could have reasonably found the defendant guilty. State v. Vandevere, 175 S.W.3d 107, 108 (Mo. banc 2005). The evidence and inferences are examined in the light most favorable to the verdict, and contrary evidence and inferences are ignored. Id.
Viewed in the light most favorable to the verdict, the evidence showed that, while working on another case, Detective Mark Stevens of the Cyber Crimes Unit of the Platte County Sheriff's Department received reports of children using the adult dating website DateHookup.com. Detective Stevens created a generic profile called Kaitlyn96 for the website. He listed the age of nineteen years old and provided a picture of a female deputy when she was fourteen or fifteen. The detective then posted the profile and waited for someone to contact Kaitlyn. Detective Stevens explained at trial that while the profile indicated that Kaitlyn was nineteen years old, he always told people right away that she was fourteen years old. Normally, people would tell her that she was too young to be on the website and stop talking to her. If someone continued to talk to her after learning her age, he would let that person direct the tone and subject matter of the conversation. Detective Stevens testified that he would never initiate sexual communications during the conversations.
On April 5, 2013, Detective Stevens logged on to DateHookup.com as Kaitlyn96. While online, he received a message from sharktank1234, who he later identified through an email as twenty-six-year-old Anderson. Anderson asked Kaitlyn if they could meet up and cuddle. Kaitlyn replied that she was " actually 14
years old." Anderson asked for her phone number so they could text or talk. They continued to converse on and off throughout the day.
Early in the conversation, Anderson told Kaitlyn, " I would be in more trouble than you, I'm married and you're only 14." He asked her, " What's your fave sexy position?" He then told Kaitlyn he wanted to meet her that day, suggesting they meet at the library at 5:00pm. Kaitlyn responded, " What if my mom comes home and I'm gone?" Anderson said, " Can you meet me there at 4:45 or 5?" Kaitlyn replied, " She will freak and start trying to find me." Anderson said, " We will go back to your house, have sex, and I will leave before she comes." He continued, " You said she won't be home 'til 6. I'll be at the library at 4:45. What will you be wearing so I know it's you?" Kaitlyn said, " No, that's too close to when she gets here, I would be freaked out. She works at the boat and sometimes she don't eat lunch and comes home early. That would suck so bad." Anderson said again, " I promise you can ride with me back to your house, we will have sex and I will be gone by 5:30. It will work. I promise." Kaitlyn replied, " No, like, for real. I know her, she will catch us." Anderson asked, " Can you text her and ask her what time she will be home? Tell her you're going to walk to the library around 4:30." Kaitlyn then asked, " Why does it have to be so late?"
The conversation continued. Anderson asked Kaitlyn, " Is your hair short or long, what's your bra size, what kind of panties are you wearing?" He asked, " How many people have you had sex with, how long since your last time?" Kaitlyn told him that she had sex once with her boyfriend in Texas. Anderson asked, " So why do you want to have sex with me?" He said, " I want to lick and kiss you." Anderson told Kaitlyn, " I'm afraid to give you my number because I don't want you to text me one day when my wife is with me." He asked, " So do you want to be official in a relationship? We just can't tell anyone. I don't want to just have sex. I want us to make love and kiss and cuddle as much as possible." Later in the day, Anderson asked, " So where in your house you want to have sex?" and " What you going to do first, make out? You want me to take off your clothes?" He continued, " You want me to kiss your boobs and lick between your legs?" Anderson said, " ...