Stern v. Meisner, No. 15-2558 (7th Cir. 2016)
Annotate this CaseStern posted an ad, “Coach Seeking Boy” in the “Men Seeking Men” section of Craigslist. An undercover police officer posed as a 14‐year‐ old boy, “Peter,” to communicate with Stern via e‐mail and Myspace. Peter repeatedly stated that he was 14 years old. They agreed to meet in the restroom of a McDonald’s. When Stern appeared at the agreed time, he was arrested. Police searched Stern’s car and found a box of unopened condoms and personal lubricant. Stern was charged with using a computer to facilitate a sex crime against a child, in violation of Wisconsin’s statutory rape law. The child sexual assault crimes are strict liability crimes. Stern’s defense was that he knew Peter was really an adult based upon the language Peter used and the “dated” photographs Peter provided. While serving his 25-year sentence, Stern unsuccessfully sought federal habeas relief. The Seventh Circuit affirmed, rejecting Stern’s argument that the Wisconsin appellate court’s unforeseeable interpretation of the belief and intent elements of the statute violated his due process rights by depriving him of fair notice of such elements.
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