Chen v. Texas

42 S.W.3d 926 (2001)

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Nature of the Case

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Facts

D placed an advertisement on an America Online computer bulletin board stating, 'A nude dancer needed for discreet pleasure. I am generous and rich. You must be very attractive and young.' Detective Steve Nelson discovered the advertisement. He e-mailed D representing himself as J. Cirello and asking D 'how young of a nude dancer [he was] looking for.' Appellant replied, 'I will say between 20 and 30 or as long as you have a young-looking face and tender body.' Detective Nelson responded that there was no one in that age range and signed the e-mail 'J. Cirello.' D emailed again and asked, 'What age are you in?' Posing as J. Cirello, Detective Nelson wrote, 'If you don't care about age I am 13, looking for independence. What are you looking for?' D replied that he was looking for a girl who 'dares to be nude and watched by me while I am masturbating.' He asked to 'get together' and requested her name and location. Detective Nelson e-mailed, stating 'My name is Julie.' He also wrote that 'Julie' had never seen a man masturbate and did not want 'her' parents to find out. D asked where Julie lived and when they could get together. He expressed a desire to exchange telephone numbers. He stated that they could get to know each other first and assured Julie that he would not hurt her. 'Julie' asked for his description and his phone number and stated that 'it might be better if [she] calls [appellant].' 'Julie' wrote that 'she' had never had sex before and was a little scared. Appellant responded that 'sex a is wonderful thing.' He also later wrote that 'sex is not my major object.' 'Julie' then expressed that 'she' was possibly interested in sex 'if the right person came along to explain things and help [her].' For a few more weeks, Dt and 'Julie' e-mailed each other, discussing D's sexual history, 'Julie's' nervousness, and plans to meet in person. They decided to meet at a Best Western on a Tuesday afternoon. D informed Julie that he had a room reserved for that day. 'Julie' wrote appellant, stating that she would be outside the lobby between 3:30 and 4:00 pm and described herself as '5-foot one inch tall with long blond hair.' D went into the lobby, stayed for two minutes, then came back out to his vehicle. When he got back into his minivan, the police arrested him. D had a package of condoms and a tube of KY Jelly on the console of his minivan. He later gave a voluntary statement in which he admitted that he was going to show a girl how to have sex. At trial, Detective Nelson admitted he was a white male and had never been known by the name of Julie Cirello and that Julie did not exist. D was found guilty despite the fact that Julie was not real and it was impossible to prove a complete offense. D appealed and the court rejected D’s impossibility defense. D appealed.