Shaffer v. State
| Docket Number: | 2009-CT-00151-SCT Linked Case(s): 2009-KA-00151-COA ; 2009-KA-00151-COA ; 2009-CT-00151-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 10-27-2011 Opinion Author: Dickinson, P.J. Holding: Court of Appeals reversed; Circuit court reinstated and affirmed. |
|
| Additional Case Information: |
Topic: Child-exploitation - Sufficiency of evidence - Section 97-5-33(6) - Solicitation from minor Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Non Participating Judge(s): King, J. Dissenting Author : Kitchens, J. Dissent Joined By : Chandler, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 08-14-2008 Appealed from: Greene Circuit Court Judge: Kathy King Jackson Disposition: CONVICTED OF EXPLOITATION OF A CHILD AND SENTENCED TO TWENTYFIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE AND TO PAY A $50,000 FINE Case Number: 21-06-10,048(2) |
|
| Note: | The supreme court found that because the actual attempt to exploit a child violates the child-exploitation statute, it reversed the court of appeals and reinstated and affirmed Shaffer’s conviction and sentence. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Justin David Shaffer a/k/a Justin David Schaffer |
PRO SE
JANE E. TUCKER |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Child-exploitation - Sufficiency of evidence - Section 97-5-33(6) - Solicitation from minor |
| Summary of the Facts: | Justin David Shaffer was convicted of child-exploitation for soliciting sex from a twenty nine-year-old female who he thought was thirteen. He argued to the Court of Appeals that he could not be guilty of child-exploitation because no child had been involved in the sting. The Court of Appeals agreed, but reversed and remanded for Shaffer to be sentenced for attempted child exploitation – a crime for which he was neither indicted nor tried. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Section 97-5-33(6) makes it illegal for anyone to use any means including a computer to knowingly solicit a child to meet with the person for purpose of engaging in sexually explicit conduct. Solicitation is sufficient to violate the statute. “Solicit” is defined as “the act or an instance of requesting or seeking to obtain something.” And whether the thing solicited actually exists is irrelevant. So, Mississippi’s child-exploitation statute is violated when one attempts to exploit a child. Shaffer clearly was “seeking to obtain” sex from a child when he entered a Yahoo! chat room and began an online relationship with Chloe. Shaffer will not now be heard to claim that his mistaken understanding of Chloe’s age mitigates his attempt to have sex with a minor. Shaffer completed the crime of exploitation of a minor when he solicited sex from a minor – whether or not the person he was talking with was actually a minor. Thus, the Court of Appeals’ judgment is reversed, and the trial court’s conviction and sentence is reinstated and affirmed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
