The People v. Barilo CA4/3

FACTS

Defendant’s convictions arose out of a sting operation. In June 2007 he initiated contact through an Internet chat room with a person using the name “Jazzzyjen113” (Jazzzyjen) whom he believed to be a 13-year-old girl. Jazzzyjen was instead a police detective. Once he established contact with Jazzzyjen, defendant asked if they could communicate privately, using instant messaging. Thereafter, the two engaged in an explicit conversation about Jazzzyjen’s sexual experience, her likes and dislikes, and her interest in “[o]lder guys.” Jazzzyjen asked defendant if he liked “having fun,” and he replied “I love it, but it’s jail time for me LOL you are 13.” In the course of the conversation, defendant asked Jazzzyjen if she was alone and when her mother was likely to be at work. After defendant and Jazzzyjen exchanged photographs (defendant’s was made using his computer’s Web camera and Jazzzyjen’s was “a stock photo off the Internet”), defendant used his Web camera to display his erect penis to Jazzzyjen. Defendant asked Jazzzyjen if she wanted to “suck” and she replied “yeah.” After some further explicit conversation, Jazzzyjen claimed her mother had arrived home, asked defendant…