Reed

Defendant was convicted of one count of attempted molestation of a child under the age of fourteen years pursuant to Penal Code sections 664 and 288, subdivision (a), in a trial without a jury. The trial court placed him on felony probation on the condition that he serve 180 days in jail, and stayed the jail commitment order pending appeal. On appeal he raises three issues: (1) whether the attempt conviction is invalid because his intended victims were in fact imaginary persons, (2) whether the conviction is invalid because the evidence showed only preparation for the offense rather than actual attempt, and (3) whether the police entrapped him into committing the attempt.

Statement of Facts

Defendant placed an advertisement in Swing magazine stating that he was a White male seeking a woman of any race, age, or size to keep up with his sexual appetite. The ad was accompanied by a photo of a nude male having an erection, with the face blocked out. A sheriff’s detective trained to investigate crimes against children became interested in the ad because its reference to women of any age might include children. The detective began a correspondence with defendant, representing…