FROM THE CIRCUIT COURT OF GREENE COUNTY The Honorable Thomas
E. Mountjoy, Judge
W. Draper III, Judge
a jury trial, Duane Michaud (hereinafter,
"Defendant") was convicted of attempted enticement
of a child, section 566.151, RSMo Supp. 2006. The circuit court
sentenced Defendant to five years' imprisonment.
claims the circuit court erred in failing to submit his
proffered instructions and in overruling his objection at
trial. This Court finds there was no error. The circuit
court's judgment is affirmed.
and Procedural Background
(hereinafter, "Victim") was born in February 1998.
When Victim was fourteen years old, she lived with her older
sister (hereinafter, "Sister") and brother-in- law
(add "Brother-in-Law") in Springfield. While Victim
resided with Sister, Defendant also lived in the same house.
Victim had her own bedroom at Sister's home, and
Defendant slept on a couch in the living room.
evening, Victim and Defendant were watching television in the
living room. Defendant had been drinking. Defendant told
Victim his back hurt from sleeping on the couch. Victim
offered to let him sleep in her room while she slept on the
couch. Defendant stood and reached out his hand toward
Victim; Victim took it and walked into to her room with
entering Victim's bedroom, Defendant laid on her bed and
asked her to join him because he was lonely. Defendant put
his left arm and leg over Victim's body and started
touching her neck and face, informing her to tell him when to
stop. Defendant moved his hand from her torso to the
waistband of her pants. When Defendant's hand crossed
over her belly button, Victim nudged his hand away from her
body. Defendant attempted to put his fingers inside
Victim's mouth, but she prevented it by pursing her lips
then left the house. She called her boyfriend to tell him
what happened. When Victim returned to the house, the door
was locked. Victim started to walk away but her
brother-in-law opened the door. Upon seeing her crying, he
asked what happened. Rather than explain, Victim handed her
cellular telephone to her brother-in-law and her boyfriend
relayed what Victim told him. After speaking with Sister the
next morning, Sister took Victim to her in-laws' home.
Victim and Sister did not return until after Defendant left.
2013, Victim and her father argued about her current
boyfriend, and in an attempt to deflect her father's
anger, she told him Defendant raped her. Defendant's
conduct was reported to the police.
police questioned Defendant, he denied ever living at Sister
and brother-in-law's home. Defendant then modified his
response, indicating he may have stayed at the home on one or
two occasions. Defendant stated Brother-in-Law confronted him
about inappropriately touching Victim, but he denied any
inappropriate touching occurred. Defendant also stated he did
not remember anything about the specific night at issue.
all of the evidence at trial, a jury found Defendant guilty
of attempted enticement of a child. After the penalty phase,
the jury recommended a five-year sentence, which the circuit
court imposed. Defendant appeals. This Court has jurisdiction
pursuant to article V, section 10 of the Missouri
raises two issues on appeal regarding how the jury was
instructed. Defendant claims the circuit court erred in
refusing to submit his verdict directing instruction
"A" and his converse instruction "B"
because the state's instructions did not require the jury
to find he knew Victim was younger than fifteen years old.
Defendant argues, by not requiring the jury to find he knew
Victim was younger than ...