People v. Varela CA3

BACKGROUND

Between March 27, 2024, and March 29, 2024, multiple local, state, and federal agencies conducted a joint undercover chat operation directed at individuals interested in meeting minors for sexual activity. The three-day operation consisted of law enforcement officers posing as 13-year-olds on various social media platforms and contacting people using the photograph of a decoy, Turlock Police Department cadet, Sophia Hayes. Using the decoy’s photographs, officers “chatted” with people interested in meeting minors for sexual acts. The officers could not instigate the sexual aspect of any interaction. If the person insisted on a phone call or FaceTime call, Cadet Hayes talked to them. Individuals who agreed to meet for purposes of sexual contact with a minor were arrested when they arrived at the agreed-upon location. During the three-day operation, using the decoy’s photograph, Turlock Detective Gina Giovacchini created a profile for an underaged person named “Kaitlynn” on a social media site. Defendant messaged Kaitlynn, commenting that he would “smash,” which Detective Giovacchini interpreted as a sexual reference. Kaitlynn responded with a “kissing-face emoji or a…