The South Dakota 8th Circuit Court of Appeals has ruled that a sex offense conviction does not require an actual victim.
court last week support Convict of a man after being stung during the 2017 Sturgis motorcycle rally.
Carlocito Slim claimed to be looking for a massage when responding to an ad on the Backpage website titled “Women Seeking Men”. Slim was actually responding to an ad, and he unwittingly texted a special agent with the South Dakota criminal investigation department.
The agent masquerading as a pimp told Slim he could meet a 15-year-old girl. And when Slim showed up at the designated meeting point with a condom and $200, he was arrested and later condemnation Two federal felonies.
Slim argued that there could be no conviction because there were no pimps and no victims of crime.
Attorney Terry Pechota told the judges that the client didn’t understand the text message and was only looking for a massage.
“He doesn’t ask if the girl is 16 or not, if she wants to engage in fun or illegal things,” Pechota said. “He says, ‘Can I do it? Do you offer massages?'”
But U.S. Attorney General Eric Kelderman said Slim knew what was going on and later told investigators he thought he was seeing women for sex.
The appeals panel said that the case law allows the suspect to be prosecuted if he intends to have sex with a minor, even if the actual minor is not present.
Slim last August sentencing Two counts of 10 years in prison for “attempting to sell minors in commercial prostitution and enticing minors using the Internet”.