By Pamela Manson
The Salt Lake Tribune
Salt Lake 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. This e-mail was initiated by machine [10.148.8.4] at IP [10.148.8.4].
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.
According to court records, Munro talked about his personal possessions - including his car, home, computer game system, DVD player and money - and asked his new "friend" about her sexual experience. Prosecutors said that by the end of the talk, he had set up the meeting for later that night.
Munro said he carried a firearm for protection only and, therefore, was innocent of the charge of using a firearm in a violent crime. But the 10th Circuit said that a reasonable juror could conclude that Munro brought the gun in case the girl refused his advances.
The appeals court also rejected an entrapment argument, noting that Munro initiated talk about sex and his chat partner gave him at least two opportunities to back out of the rendezvous.
pmanson@sltrib.com