1(c) (2000), if the childs own words or conduct lead so directly to the sexual activity as to preclude any commanding, entreating, or attempting to persuade on the part of the adult. Koenig testified that he responded with a voice mail message, and they began trading more explicit messages. These conversations resulted in an agreement to meet at an arranged place.
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An adult does not commit solicitation of a child to engage in sexual conduct, as defined by Minn. This appeal is from a pretrial order dismissing two counts of a three-count complaint against respondent Travis Koenig.
Koenig allegedly later resumed sexual activity with R. The court, however, granted Koenigs motion to dismiss Count II, charging solicitation of a child to engage in sexual conduct, concluding that Koenigs conduct did not meet the statutory definition of solicit. The state can show critical impact from the dismissal of a charge even though the defendant can be prosecuted under another statute.
The court concluded that Koenigs mistake-of-age defense presented a factual issue for the jury, and it denied his motion to dismiss Count I, which charged third-degree criminal sexual conduct. Koenig argues that the state has not shown that dismissal of the child solicitation count will have a critical impact.
The general rule is that if the statutory language is plain and unambiguous the court must give effect to its plain meaning.
This court has held that under a plain reading of the solicitation statute, two elements are required: 1) intent to engage in sexual conduct; and 2) the act of solicitation.
609.352 is a penal statute, it must be strictly construed.