People v. Heinsohn CA3

BACKGROUND

The underlying facts of Heinsohn’s crimes are largely immaterial to our resolution of this appeal. It suffices to say that after Heinsohn sent sexually explicit communications to a decoy profile on a dating website that the Roseville Police Department created as part of a sting operation designed to catch sex offenders, he drove to meet the 13-year-old female he believed he had been communicating with. When police stopped and searched Heinsohn’s car as he was driving to that meeting, they found a backpack that contained three containers of Vaseline, a bottle of hard liquor, and a bedsheet. Heinsohn was charged with attempted lewd act on a minor (§§ 664, 288, subd. (a); count one), communication with a minor with intent to commit a lewd act (§ 288.3, subd. (a); count two), and meeting with a minor for the purpose of engaging in a lewd act (§ 288.4, subd. (b); count three). I Argument to the Jury and Admonishment of the Prosecutor In closing argument to the jury, defense counsel emphasized that under the dating website’s terms, the decoy profile that Heinsohn contacted was supposed to belong to an adult. Counsel also emphasized to the jury that there was no evidence…