VAQAR CHOUDRY v. STATE OF MARYLAND
Court of Special Appeals, Friedman, Feb. 3, 2017,
Sexual Solicitation of a Minor- Soliciting an imaginary minor will not sustain a conviction under CR 3-324 where the imaginary minor is not a law-enforcement officer.

This was initially unreported, so that’s interesting. I assumed that it was unreported because of the unusual comment that a criminal attempt doesn’t exist until created by statute, but they kept that part in…

Facts: Choudry asked someone to help him find a prepubescent female with whom he could have sexual relations. The person made up an imaginary 12-year old female named “Chelsea” and recorded conversations with Choudry about what he intended to do with her. The person contacted police and told them about Choudry’s plan. Police told them to have Choudry go to a motel to meet “Chelsea.” When Choudry arrived at the motel, he was arrested.
Held: Because “Chelsea” wasn’t a minor and wasn’t LEO posing as a minor, it wasn’t enough to sustain the conviction

The crime of sexual solicitation of a minor, under CR 3-324, has three elements:
(1) solicitation;
(2) of a minor or a law enforcement officer posing as a minor;
(3) to engage in a prohibited sex act.

Legislative History:
The Senate recommended a subjective intent test of soliciting any “individual the person believes to be a minor.” However, after committee compromise the element became “minor or law enforcement officer posing as a minor.”

The State’s argument that Choudry successfully attempted to solicit a minor through an agent also must fail because attempted sexual solicitation of a minor is not a crime in Maryland. The language of the CR § 3-324 does not include a prohibition on attempted sexual solicitation of a minor, nor is there a separate statute making it unlawful to attempt sexual solicitation of a minor. Unless and until the Legislature creates such an attempt crime, Choudry’s actions, no matter how repugnant and indefensible, were not a crime.

I have no idea why this was included in the reported version. This is very clearly not true given the existence of a common-law attempt crime in Maryland. The fact that it wasn’t CHARGED seems somewhat relevant, but the crime definitely exists.