State v. Smith
661 So. 2d 442, 1995 WL 606761 (1995)
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Rule of Law:
A defendant's actions, when viewed in their totality, constitute an overt act for the crime of attempt when they go beyond mere preparation and tend directly toward the commission of the intended crime. In the context of a crime against nature, entering a child's bedroom, lying on the bed, and explicitly requesting a sexual act surpasses mere preparation and constitutes an attempt.
Facts:
- In 1989, while his wife was out, Scott Smith entered the bedroom of his two minor sons, Jody and ten-year-old Chad.
- Seeing his father, Chad left his own bed and climbed into bed with his older brother.
- Smith then lay down on Chad's empty bed and asked Chad to come over to him.
- When Chad approached, Smith asked Chad to sit on his chest so that Smith could perform oral sex on him.
- Chad began to cry and returned to his brother's bed, at which point Smith left the room.
- When the boys' mother and grandparents returned, Chad told them about the incident.
- That same night, Smith checked into a hospital for psychiatric care, where he remained for one week.
Procedural Posture:
- Scott Smith was charged by the State of Louisiana with two counts of attempted aggravated crime against nature.
- Following a trial in the state trial court, a jury found Smith guilty on count one and not guilty on count two.
- The trial judge sentenced Smith to a suspended four-year prison sentence with probation and six months in parish jail.
- Smith, as appellant, appealed his conviction to the intermediate court of appeal, arguing the evidence was insufficient.
- The court of appeal reversed Smith's conviction and sentence, with one judge dissenting.
- The State of Louisiana, as applicant, was granted certiorari by the Supreme Court of Louisiana to review the court of appeal's decision.
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Issue:
Do the actions of entering a minor's bedroom, lying on his bed, and verbally soliciting oral sex constitute a sufficient overt act to support a conviction for attempted aggravated crime against nature, or do these actions only amount to mere preparation?
Opinions:
Majority - Marcus, J.
Yes, these actions constitute a sufficient overt act to support a conviction for attempt. A defendant's acts of entering a minor child's bedroom, lying on the bed, and verbally requesting a sexual act go beyond mere preparation and tend directly toward the commission of an aggravated crime against nature. The court distinguished this case from State v. Baxley, where mere solicitation of a stranger on a public street was deemed preparatory. Here, Smith did more than just solicit; he took several distinct steps, including entering the private space of the victim. Crucially, the encounter occurred in a context where the child was subject to his father's authority and was not free to simply walk away. Smith had the specific intent to commit the crime, and his actions were direct steps toward that goal; the victim's refusal does not negate the attempt.
Analysis:
This decision clarifies the often-blurry line between 'mere preparation' and a criminal 'attempt' under Louisiana law, particularly for sex offenses involving solicitation. It establishes that the totality of the circumstances—including the location of the offense, the sequence of the defendant's actions, and the power dynamic between the parties—is critical to the analysis. The holding signals that solicitation, when combined with other acts and an element of authority over a vulnerable victim in a private setting, can cross the legal threshold from non-criminal preparation to a chargeable attempt, thereby broadening the scope of what constitutes an overt act in such contexts.
