Child sexually abusive activity (CSAA); MCL 750.145c(2); Knowledge of age; “Reasonable precautions”; Ineffective assistance of counsel; Failure to raise entrapment; Entrapment; Unlawful inducement; Reprehensible police conduct; People v Jade

The court held that sufficient evidence supported defendant’s CSAA conviction, but trial counsel was ineffective for failing to raise entrapment as a defense. He was convicted after a sting operation in which police created an adult Grindr profile with no indication that the user was underage, but the decoy later used language implying youth and sent “15” before defendant went to meet him. On appeal, the court first held that the evidence was sufficient because the decoy said he could not drive, was getting his license at Halloween, was younger and inexperienced, and sent “15,” which the jury could reasonably infer referred to age. The court also held that the jury could find defendant failed to take reasonable precautions because he relied only on the profile age even though he knew users could lie about age and had previously encountered underage users. But the court held that counsel performed deficiently by failing to raise entrapment. Applying Jade, it reasoned that police first introduced criminality by escalating a legal adult hookup into illegal sexual activity, used ambiguous language, promised sexual favors, controlled the decoy, and conducted a “fishing operation” without a specific target or reason to suspect Grindr users sought minors. The court found a reasonable probability an entrapment defense would have succeeded under both the unlawful-inducement and reprehensible-conduct prongs because the police “introduced all criminal elements” and induced conduct defendant had not shown willingness to commit. Reversed and remanded.