Dist. Ct. did not err in denying defendant’s habeas petition challenging his Wisc. conviction on charge of use of computer to facilitate sex crime, even though defendant argued that his conviction violated his due process rights, where Wisc. appellate court rendered unforeseeable interpretation of statute’s belief and intent elements. Wisc. appellate court could properly find that: (1) plain language of Wisc. statute appropriately informed defendant that he could be found guilty on proof that he “had reason to believe” that victim was underage; and (2) record contained sufficient evidence to show that defendant had reason to believe that on-line victim was underage, where police officer posing as 14-year old victim made repeated on-line representations that he was 14 years old. Ct. rejected defendant’s argument that “reason to believe” element was constitutionally impermissible given specific intent element in instant offense and further found that jury could properly reject defendant’s claim that he actually believed that on-line victim was adult.
Federal 7th Circuit Court
Criminal Court
Due Process