State v. Arave
Annotate this CaseLonnie Arave approached an eleven-year-old boy and offered to pay him if he would agree to let Arave perform oral sex on him. At trial, Arave moved to dismiss a charge of attempted sodomy on a child, asserting that his conduct amounted only to the offense of solicitation and could not sustain a conviction of attempt. The district court denied the motion, and Arave was convicted on the attempt charge. A divided court of appeals affirmed. The Supreme Court reversed the court of appeals insofar as it upheld Arave's conviction for attempt, holding (1) solicitation of a potential victim falls within the ambit of the solicitation statute; and (2) the act of solicitation alone is not enough to constitute a substantial step, and thereby an attempt, to commit a crime. Remanded.
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