State V. Bullock Case Brief

Case: State v. Bullock, 153 S.W. 3d 882 (Mo. Ct. App. 2005)

Facts: David R. Bullock, a Missouri man convicted of attempted statutory rape and attempted sexual exploitation of a minor, whom was an undercover agent of law enforcement. The appellant is contesting his convictions by claiming insufficient evidence on both counts and the court’s denial to provide instruction claiming entrapment to the jury.

Appellant initiated contact in an online chat room with a purported thirteen year old girl named “Ashley” on September 24, 2002. Ashley, who is in fact an undercover reserve deputy in Newton County, MO., was posing as underage girl looking for child molesters and pedophiles. Ashley entered a chat room called “older guys looking for younger girls” and started no conversations and waited for someone to initiate a conversation with her. Ashley soon received a private text from the Appellant whose screen name was “Lover of Young Females.” Appellant suggested they switch to instant messenger where his screen name changed to Young Lover 33. Their twenty to twenty-five minute conversation became of a sexual nature. Appellant stated that he wanted to meet “Ashley” and asked “are you a naughty girl?” Ashley responded, “I can be as naughty as you would want. You would have to teach me…”

Appellant and Ashley continued their contact through seventeen conversations, from September 25 until October 18, 2002. Their conservations had a sexual nature and Appellant stated he wanted an actual future meeting. Appellant instructed Ashley on how to download a web cam program so that Appellant could show himself to her. Appellant was explicit that he would not use a “rubber” and that he would set the meeting around her period so she “won’t need” birth control. Appellant asked Ashley if she had younger friends that she could bring to their meeting. Appellant stated that he liked real flat chested girls and as young as six years old. Ashley informed Appellant that she had two friends, one in the fourth grade and the other was in the third grade. Appellant asked Ashley if she would mind “me doing the six yold?” Appellant informed Ashley that he wanted to film the sexual acts and place them on the internet.

Appellant made it clear to Ashley that their meeting was against the law and they would get in trouble if the girls talked. Conversations continued and plans were finalized for their meeting in Diamond, Missouri. Ashley suggested Murphy’s One Stop after she got out of school. Appellant requested details of what she would be wearing and told her that he would leave if it didn’t feel right. Appellant instructed Ashley to get the key to the restroom and proceed there to meet the Appellant.

Appellant was arrested after he drove to Murphy’s One Stop, exited his car, looked inside the store, and walked back toward his car. The female decoy inside the store exited with the restroom key and walked a few steps behind Appellant. Appellant had an aluminum case in his car that contained a web camera and drive, a laptop, and numerous compact discs. Appellant admitted to the officer of his conversations with Ashley, but indicated that if she had actually shown up, Appellant was going to inform the police to counsel her about the dangers of meeting someone she met on the internet.

History: Charged with one count of attempted statutory rape and one count of attempted sexual exploitation of a minor, [the defendant was found guilty by] Jasper County Circuit Court…of one count of attempted statutory rape and one count of attempted