## Facts

- As part of an undercover Internet operation, Wayne County Deputy William Liczbinski, an adult, entered chat rooms posing as a 14-year-old girl named “Bekka.”
- Christopher Thousand communicated with “Bekka” online and made sexually explicit comments, including statements about taking her to his home and bedroom for sexual activity.
- Thousand sent “Bekka” a picture of his penis over the Internet.
- Thousand and “Bekka” arranged to meet at a McDonald’s restaurant in Detroit; Thousand described his vehicle and clothing and said he would bring a white teddy bear as a gift.
- Thousand arrived at the meeting location at the arranged time and was arrested; officers found two white teddy bears in his automobile.
- The prosecution charged Thousand with: (1) child sexually abusive activity (MCL 750.145c), (2) solicitation to commit third-degree criminal sexual conduct based on the victim’s age (MCL 750.157b; MCL 750.520d(1)(a)), and (3) attempted distribution of obscene material to a minor (MCL 750.92; MCL 722.675).
- Thousand moved to quash the information and dismiss, arguing each charge required an actual minor victim or recipient and that it was impossible to commit the offenses because “Bekka” was an adult officer.
- The trial court agreed and quashed the information, dismissing all charges; the prosecution appealed.

## Issues

1. Whether a charge of child sexually abusive activity under MCL 750.145c requires proof that an actual minor was involved, such that the charge must be dismissed when the “child” is an adult undercover officer.
2. Whether solicitation to commit third-degree criminal sexual conduct under MCL 750.157b and MCL 750.520d(1)(a) can be maintained when no actual minor exists and the solicited sexual conduct would not be a felony under the circumstances as they actually existed.
3. Whether attempted distribution of obscene material to a minor under MCL 750.92 and MCL 722.675 is barred when the intended recipient is not a minor, or whether the defendant’s intent and acts can sustain attempt liability despite the absence of an actual minor.

## Decision

- The Court of Appeals affirmed the dismissal of the child sexually abusive activity charge.
- The Court of Appeals affirmed the dismissal of the solicitation to commit third-degree criminal sexual conduct charge.
- The Court of Appeals reversed the dismissal of the attempted distribution of obscene material to a minor charge and remanded for further proceedings on that count.

## Legal Principles

- When a statute defining a completed offense includes the existence of a “child” (a minor) as an element, the prosecution must prove an actual minor for the completed offense.
- Under the Court of Appeals’ reading of Michigan’s solicitation statute (MCL 750.157b), solicitation requires that the act solicited, if carried out, would constitute a felony; where the age-based felony cannot occur because no minor exists, the solicitation charge fails.
- Attempt under MCL 750.92 turns on the defendant’s intent to commit the underlying offense and an overt act toward its commission; failure caused by external circumstances does not necessarily defeat attempt liability.
- The absence of an actual minor may defeat the completed offense of distributing obscene material “to a minor,” but it does not bar an attempt charge when the defendant believes the recipient is a minor and takes steps to commit the offense.

## Conclusion

People v. Thousand (Mich. Ct. App. 2000) held that because the undercover “victim” was an adult officer, the prosecution could not prove the minor-victim element needed for the completed child sexually abusive activity offense and could not sustain the age-based solicitation charge on these facts, so dismissals of those counts were affirmed; however, the court reinstated the attempt charge for distributing obscene material to a minor because attempt liability depends on the defendant’s intent and affirmative acts toward the crime, not on the fact that completion was impossible due to the decoy’s true age.


People v. Thousand, 241 Mich. App. 102 (2000)