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, 2001
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: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001
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.