People v. Ray CA3

I. BACKGROUND

A Redding police officer testified he posted advertisements on Craiglist as part of an undercover operation. In 2017, he posted an ad in the personal section titled “ ‘Lonely and bored’ ” under the name Brian. Defendant responded to the ad, describing his interests and stating he “[w]ould like to find a regular fwb. I’m 50 but don’t feel it[;] mentally I’m much younger.” Defendant testified “fwb” meant a friend with benefits or “a friend that has sexual relations.” Brian replied, “Wow, it’s like it[’]s meant to be.” Defendant asked if age was an issue. Brian responded, “As long as it isn’t for you.” Defendant said, “[f]or the most part no” and he was “[n]ot looking for a relationship just a friend with benefits type of thing. [¶] No strings or drama.”

2 They continued to exchange messages. Eventually, Brian said he was in high school. “You know how old I am, right?” asked defendant. “And you’re 18 at least right?” Brian said he was “a mature 15. I hope that doesn’t scare you off.” Defendant asked why Brian would want to hang out with someone his age. Brian said he related better to older people and it was difficult being gay and trying to find a partner. “I can see…