On December 8, 1998, Deputy William Liczbinski made contact with Chris Thousand (defendant) in an online chat room. Liczbinski posed as a fourteen-year-old girl named Bekka in an effort to determine whether Thousand, a twenty-three-year-old male, was engaging in criminal activity online. Over the next week, Bekka and Thousand’s conversations became sexually explicit. Thousand sent her a photograph of male genitalia and asked if she wanted to meet in order to engage in sexual activity. The two arranged to meet at a nearby restaurant. Once Thousand arrived, Liczbinski apprehended him and charged him with attempted distribution of obscene material to a minor. Thousand filed a motion to quash the charge of attempt, since it was impossible to convict him of the underlying offense. The circuit court granted the motion and dismissed the case. The Court of Appeals affirmed.