People v. Thousand

Facts

On December 8, 1998, while using the screen name “Bekka,” an undercover detective was approached by defendant, who was using the screen name “Mr. Auto-Mag,” in an Internet chat room. Defendant described himself as a twenty-three-year-old male from Warren, and Bekka described herself as a fourteen-year-old female from Detroit.

From December 9 through 16, 1998, Liczbinski, still using the screen name “Bekka,” engaged in chat room conversation with defendant. During these exchanges, the conversation became sexually explicit. Defendant made repeated lewd invitations to Bekka to engage in various sexual acts, despite various indications of her young age. The Defendant sent her a picture of his genitalia and Defendant asked Bekka whether she liked and wanted it and whether she was getting “hot” yet,  and described in a graphic manner the type of sexual acts he wished to perform with her. Defendant invited Bekka to come see him at his house for the purpose of engaging in sexual activity. Bekka replied that she wanted to do so, and defendant cautioned her that they had to be careful, because he could “go to jail.” Defendant asked whether Bekka looked “over sixteen,” so that if his roommates were home he could lie.

The two then planned to meet at an area McDonald’s restaurant at 5:00 p.m. on the following Thursday. Defendant instructed Bekka to wear a “nice sexy skirt,” something that he could “get [his] head into.” He was arrested by police when he arrived.

He was charged with attempted distribution of obscene material to a minor. He brought a motion to quash, arguing that because the existence of a child victim was an element of each of the charged offense, the evidence was legally insufficient to support the charges. The circuit court agreed and dismissed the case. The Court of Appeals affirmed.