Zero. CR–17–600
Joseph DeWayne Duren try convicted of the a great Faulkner Condition jury off websites stalking out-of a child pursuant so you’re able to Arkansas Password Annotated section 5–27–306 (Repl. 2013) and you will is sentenced to help you 240 months when you look at the jail. Towards the interest, Duren challenges the brand new sufficiency of the proof help his conviction. We affirm.
From the demo, fourteen-year-old B.T. testified one to into the mid–2015 she utilized the woman cellular phone in order to message Duren, who was twenty-three years dated during the time, playing with an internet-dependent cellular telephone software entitled Snapsext. step 1 B.T. told Duren that she is actually twenty-half a dozen years of age. B.T. failed to speak to Duren and you may did not publish him any photos out of her.
Towards , Jason Bollinger, B.T.’s protector, found that B.T. was actually messaging Duren. Bollinger confiscated B.T.’s phone, altered new passwords for the Snapsext webpages, and gave the phone so you’re able to Chad Meli of your Faulkner County Sheriff’s Agencies. Manager Meli verified you to definitely with the , the guy acquired a phone out-of Bollinger along with a report that an effective fourteen-year-old lady was utilising the cellular phone to help you content Duren toward Snapsext. New Snapsext conversations anywhere between Duren and you may B.T.-whom told you she was twenty-half dozen years of age-was intimate in the wild. Within one point, B.T. questioned Duren within how old is brand new youngest lady however make love which have, to which Duren said 16. B.T three day rule. (lied and you can) said that the lady sibling, who had been 14 and you will a beneficial virgin, wanted to make love which have some one “who knows what they’re starting.” Duren replied, “This can sound shallow therefore I’m very sorry because of it, but what really does she look like?” B.T. failed to function. Which was the very last Snapsext discussion ranging from B.T. and you can Duren.
Judge from Appeals off Arkansas
Officer Meli, becoming “B.T.,” made an effort to communicate with Duren to the Snapsext, but Duren don’t behave. Manager Meli, once again becoming “B.T.,” texted Duren’s cellular telephone, and then he answered. 2 “B.T.” immediately advised Duren one she wasn’t twenty-half a dozen years old and this she didn’t have a more youthful aunt. “B.T.” informed Duren you to she was 14 years of age. Duren and you can “B.T.” chatted about just what it will be for example having “B.T.” getting intercourse for the first time. After that “B.T.” expected Duren in the event that the guy ever involved Conway. Duren replied he was at Absolutely nothing Rock just about every nights having school. “B.T.” said, “[Y]ainsi que is to sneak me aside one-night.” So far, Duren texted, “Imagine if I did tonight. What can you need me to manage?” “B.T.” answered, “We would you like to try and wade the whole way.”
Next Duren and you may “B.T.” texted both a graphic. The state put the images on the evidence. On the image Duren delivered to “B.T.,” he was holding their buddy’s kid. The image “B.T.” provided for Duren portrayed an effective prepubescent ladies holding a stuffed creature. Duren and “B.T.” assented that when Duren moved so you’re able to Conway you to definitely evening, “B.T.” perform sneak over to see him during the Harps grocery store. The guy discussed their automobile. “B.T.” asked Duren to bring particular rum, and then he conformed. “B.T.” plus asked in the event that Duren had good “rubber,” since she don’t need to get “preggers,” and Duren said he previously condoms. “B.T.” advised Duren in order to text her as he arrive at Harps, and he performed. Administrator Meli arrested Duren regarding the Harps parking lot. The brand new browse regarding their vehicle found condoms, K–Y Jelly, a container out-of rum, a knife (buried amongst the driver’s seat and the console), along with his cellular telephone.
Duren affirmed during the demo he got messaged B.T. into Snapsext one-time in mid–2015. The guy said that he believe he had been conversing with good twenty-six-year-old lady during that cam which he had been perhaps not “convinced upright” as he produced comments on the B.T.is the reason sister as he had been “inebriated.” The guy mentioned that the guy tried to message B.T. once again towards the Snapsext, however, she did not operate. He asserted that on half a year afterwards he acquired texting out of who the guy believe was B.T. He admitted that he knew at the time B.T. are 14 yrs old and this she are asking about how to shed this lady virginity. The guy testified he don’t need to bed with B.T.; rather, the guy mentioned that he shown false interest in the girl with the intention that he may see the woman so you’re able to alert the lady you to she is actually and also make an error by the seeking to have sex with an older son.