No. CR–17–600
Joseph DeWayne Duren was convicted by good Faulkner County jury off web sites stalking away from a child pursuant to help you Arkansas Password Annotated part 5–27–306 (Repl. 2013) and you may was sentenced to 240 months for the jail. For the focus, Duren pressures the newest sufficiency of your research support their conviction. We affirm.
At trial, fourteen-year-dated B.T. testified that from inside the mid–2015 she made use of her cellular phone so you're able to content Duren, who was simply twenty-three-years old during the time, having fun with an internet-based phone app titled Snapsext. 1 B.T. informed Duren one to she are twenty-half a dozen yrs old. B.T. don't speak to Duren and you will didn't send your any pictures out of their.
On , Jason Bollinger, B.T.is why protector, unearthed that B.T. had been chatting Duren. Bollinger confiscated B.T.'s the reason cellular phone, altered the fresh new passwords into the Snapsext web site, and you will provided the device to help you Chad Meli of Faulkner Condition Sheriff's Agencies. Officer Meli verified you to into , the guy acquired a telephone from web sites Bollinger and additionally a claim that an excellent 14-year-dated lady ended up being utilizing the cellular telephone so you can message Duren with the Snapsext. The Snapsext discussions ranging from Duren and you can B.T.-which told you she try twenty-six yrs old-was intimate in general. At the some point, B.T. asked Duren at what age is actually the brand new youngest woman he would have sex which have, to which Duren told you 16. B.T. (lied and) mentioned that the lady sis, who had been 14 and you will a good virgin, wanted to have sex having some body “you never know what they are performing.” Duren answered, “This can voice shallow very I'm sorry for it, but what really does she feel like?” B.T. didn't perform. Which was the past Snapsext conversation ranging from B.T. and you may Duren.
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Manager Meli, acting as “B.T.,” made an effort to correspond with Duren on the Snapsext, but Duren did not react. Officer Meli, once more acting as “B.T.,” texted Duren's phone, in which he replied. dos “B.T.” instantly told Duren one she wasn't twenty-half dozen years of age which she did not have a young sibling. “B.T.” told Duren one she is fourteen years old. Duren and “B.T.” discussed what it could be including to possess “B.T.” to possess intercourse for the first time. Next “B.T.” expected Duren in the event that the guy actually ever concerned Conway. Duren replied that he was in Little Rock every evening to have college or university. “B.T.” told you, “[Y]ou is slip me aside one night.” Thus far, Duren texted, “Imagine if I did so this evening. What might you prefer me to do?” “B.T.” answered, “We desire to make an effort to wade all the way.”
Then Duren and you may “B.T.” texted one another a graphic. The official brought the photographs on the proof. On visualize Duren delivered to “B.T.,” he had been carrying his pal's kids. The image “B.T.” delivered to Duren illustrated a prepubescent ladies carrying a packed animal. Duren and you will “B.T.” conformed that if Duren traveled so you're able to Conway you to night, “B.T.” do sneak off to fulfill him within Harps grocery store. The guy revealed his vehicle. “B.T.” expected Duren to create particular rum, in which he agreed. “B.T.” also asked in the event that Duren got an effective “rubber,” due to the fact she didn't would like to get “preggers,” and you will Duren said he previously condoms. “B.T.” told Duren to help you text message the girl as he arrive at Harps, and he performed. Manager Meli arrested Duren on the Harps parking lot. This new research out-of their vehicles shown condoms, K–Y Jelly, a container off rum, a blade (tucked between the driver's chair and the system), and his awesome phone.
Duren affirmed at demo that he had messaged B.T. for the Snapsext single inside the middle–2015. He asserted that the guy think he was speaking with good twenty-six-year old girl during that chat which he was perhaps not “thought straight” when he made comments from the B.T.is the reason sis while the he was “intoxicated.” The guy mentioned that he made an effort to message B.T. once again for the Snapsext, but she failed to respond. The guy mentioned that regarding six months later on the guy received texts from who he consider is actually B.T. The guy acknowledge which he know during the time B.T. was fourteen yrs . old and that she try inquiring about precisely how to reduce the woman virginity. He affirmed which he didn't want to bed with B.T.; rather, the guy mentioned that he shown untrue demand for the lady so that he might meet the girl in order to warn their you to definitely she are making a blunder by trying have sex which have an adult guy.