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I know I saw a case summarized in TDCAA Prosecutors' Report a while back where a cop went online and posed as a teenager and the defendant tried to argue that since the cop wasn't a real child, no offense was committed. Ring any bells?
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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I remembered something like that, but all I could find was this unpublished Dallas case from 2000. Here's the link:

http://www.courtstuff.com/cgi-bin/as_web.exe?c05_00.ask+D+7463156

Then I was able to find the CCA opinion affirming it. Chen v. State, 42 S.W.3d 96 (Tex. Crim. App. 2001). I have no idea why I didn't find it with my searches.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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But that case was why the legislature amended section 15.031, Penal Code, to make it possible to prosecute a defendant for soliciting a person he thought was a minor.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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