State v. Smith
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The case involves Shane Craig Smith, who was arrested in a police sting operation after he attempted to engage in sexual activities with a persona named "Emily," who he believed to be a 13-year-old girl. Smith had met Emily online and had arranged to meet her at a gas station in Lehi, Utah, with the intention of having her perform multiple sex acts in exchange for driving her to California. Smith was charged with various crimes, including attempted child kidnapping, attempted rape of a child, and attempted sodomy of a child. He pled guilty to most of these charges while reserving the right to appeal two issues: whether there was sufficient evidence to bind him over for trial on the attempt charges, and whether he was entrapped as a matter of law.
Smith's case was first heard in the district court, where he moved to decline to bind over the counts of attempted rape of a child, attempted sodomy of a child, and attempted kidnapping of a child. He argued that the State’s evidence regarding the attempt crimes did not show that his actions rose beyond solicitation or mere preparation and was therefore insufficient to support probable cause on the “substantial step” element of the attempt statute. The district court denied the motion and bound over all counts for trial. Smith then filed a motion to dismiss all charges on entrapment grounds, which the district court denied. Smith eventually entered a conditional guilty plea to attempted child kidnapping, attempted sodomy of a child, and enticement of a minor, allowing him to appeal the district court’s bindover ruling and entrapment determination.
Smith appealed to the Utah Court of Appeals, where he raised two issues: whether there was insufficient evidence to bind over the attempt charges for trial, and whether the district court erred by denying his motion to dismiss all the charges on the basis that he had been entrapped. The court of appeals affirmed the district court’s rulings. Smith then petitioned for certiorari to the Supreme Court of the State of Utah.
The Supreme Court of the State of Utah affirmed the decisions of the lower courts. The court found that Smith's actions constituted substantial steps toward the commission of the crimes he was charged with, and that he was not entrapped as a matter of law. The court held that Smith's actions strongly corroborated his intent to commit the crimes, and that the police conduct in the case did not create a substantial risk that an average person would attempt to commit the crimes that Smith attempted.
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