The 10th U.S. Circuit Court of Appeals rejected an argument by Jonathan James Munro that his offense was non-violent because he had no actual contact with the "girl" - who in reality was a male undercover agent posing as a young teen.
Source St Louis Tribune A Salt Lake City man's attempt to arrange a sexual encounter over the Internet with a person he believed was a 13-year-old girl has been upheld as a violent crime.
Watch Right Internet Crimes Against Children Syndicated News Feed
The 10th U.S. Circuit Court of Appeals rejected an argument by Jonathan James Munro that his offense was non-violent because he had no actual contact with the "girl" - who in reality was a male undercover agent posing as a young teen.
Saying there is always a chance that force will be used to make a child comply with an adult's sexual demands, the court said "the risk involved in attempted sexual abuse of a minor is significant enough to render it a crime of violence."
In its decision Wednesday, the Denver-based 10th Circuit also upheld Munro's conviction on use of a firearm during the commission of a violent crime. The then-21-year-old was carrying a gun in his pocket when he showed up at an elementary school parking lot in 2003 to meet the girl.
Munro was convicted of the two crimes in a jury trial last year and sentenced to 10 years in prison by U.S. District Judge Dale Kimball.
Munro's legal troubles began Sept. 10, 2003, when he entered an Internet chat room and began a private conversation with the "girl," who was actually Rhett McQuiston, a member of the multi-agency Utah Internet Crimes Against Children Task Force. Agents chat in the persona of minors to find out who is surfing for underage sex partners.
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