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Chen v. State

42 S.W.3d 926 (2001)

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Chen v. State

Texas Court of Criminal Appeals

42 S.W.3d 926 (2001)

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Facts

Bailey Chen (defendant) posted an advertisement on an online bulletin board looking for a female nude dancer. A police officer pretending to be a 13-year-old girl named Julie Cirello responded to Chen’s online advertisement and expressed interest in meeting him. Thereafter, Chen and the officer posing as Julie exchanged several emails and made plans to meet and have sexual intercourse at a nearby hotel. Police officers arrested Chen when he arrived at the hotel. Chen later confessed that he planned to have sexual intercourse with a young girl. The State of Texas (plaintiff) charged Chen with attempted sexual performance by a child. Chen moved for a judgment of acquittal, arguing that the state failed to prove that Chen attempted to have sexual relations with a girl under the age of 18 named Julie Cirello. Chen was convicted. Chen appealed, arguing that it was impossible to commit the crime because Julie Cirello was not a real person.

Rule of Law

Issue

Holding and Reasoning (Holland, J.)

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