What constitutes a substantial step in attempted sodomy cases? State v. Dickerson Explained

In State v. Dickerson, the Utah Court of Appeals addressed critical questions about what constitutes sufficient evidence in internet sex sting prosecutions, particularly regarding a defendant’s subjective belief about a victim’s age and what actions constitute a substantial step toward commission of attempted sodomy on a child.

Background and Facts

Dickerson engaged in online conversations with “Kailey,” a fictitious persona created by law enforcement. Although Kailey’s profile showed she was eighteen with a photo of an adult woman, during their conversation Kailey claimed to be thirteen and in middle school. Dickerson initially expressed skepticism but continued the conversation, which became increasingly sexual. Eventually, Dickerson solicited oral sex and drove thirty-three minutes to meet Kailey at a prearranged location, where he was arrested. In his post-arrest interview, Dickerson admitted he knew he had been texting a thirteen-year-old girl.

Key Legal Issues

On appeal, Dickerson challenged two key findings: (1) whether sufficient evidence supported the trial court’s determination that he subjectively believed he was communicating with a thirteen-year-old, and (2) whether sufficient evidence supported the finding that he took a substantial step toward committing sodomy on a child.

Court’s Analysis and Holding

The court affirmed both convictions. Regarding Dickerson’s subjective belief, the court found his post-arrest admissions provided “ample support” for the trial court’s findings. Dickerson explicitly acknowledged knowing he was texting a thirteen-year-old and stated his own daughter was only two years younger than the person he’d been messaging. On the substantial step analysis, the court applied precedent from State v. Smith and State v. Austin, finding that soliciting oral sex online and driving to a prearranged meeting location constituted significant conduct that strongly corroborated Dickerson’s intent to commit the crime.

Practice Implications

This decision reinforces that in internet sex sting cases, defendants’ post-arrest statements provide powerful evidence of subjective belief, even when initial skepticism was expressed. The ruling also clarifies that driving to a meeting location after soliciting specific sexual acts online constitutes a substantial step under Utah law, even when additional preparatory steps remain before the crime’s completion. Practitioners should note that Utah courts will look to the totality of circumstances, including the content of online conversations and defendants’ subsequent actions, when evaluating sufficiency of evidence challenges.