State of Iowa v. Eric Richard Hansen

Summary

The Supreme Court of Iowa held that Iowa Code section 710.10 requires a minor or person reasonably believed to be a minor to be actually enticed away for a completed enticement conviction. Because Hansen traveled to meet an undercover officer posing as a fifteen-year-old but did not lure the purported victim away, the court concluded that the evidence supported only attempted enticement. The court affirmed the court of appeals, reversed the district court judgment, and remanded for entry of a guilty verdict for attempted enticement.

Holdings

1. The phrase "entices away" in Iowa Code section 710.10 requires both the defendant's enticing conduct and an impact upon the victim such that the victim is actually drawn away. The defendant is guilty of attempted enticement when the intended victim is not successfully enticed away.
2. Substantial evidence did not support Hansen's conviction for completed enticement because, although he possessed the requisite intent and engaged in enticing conduct, he did not lure or draw away a minor or a person reasonably believed to be a minor.

Questions Presented

1. Whether substantial evidence supported Hansen's conviction for completed enticement of a minor under Iowa Code section 710.10(2) when he communicated with and traveled to meet a person he reasonably believed was a minor but did not successfully draw that person away.
2. Whether the facts supported conviction for attempted enticement rather than completed enticement.

Disposition

reversed_and_remanded