Kirwan v. State

In Kirwan v. State (Ark. 2003) 351 Ark. 603, 96 S.W.3d 724, the police conducted an Internet sting operation. Through online communications, the defendant made plans to meet with a person he believed to be an 11-year-old girl in order to take sexually explicit photographs of the girl and to have sex with her. He was arrested as he "walked up to the apartment" where he expected to meet the victim and her mother. (Id. at p. 730.) On appeal from his conviction of attempted rape, the defendant claimed his act of driving to the scene of the intended crime was insufficient to constitute an attempt. The court rejected the claim, holding that the defendant's act of driving to the scene "constituted a substantial step toward the commission of the offense." (Id. at p. 731.)