State v. Koenck

In State v. Koenck (Wis.App. 2001) 2001 WI App 93, 626 N.W.2d 359, 242 Wis. 2d 693, the defendant also engaged in Internet communications with officers posing as child victims. The defendant planned to meet the victims at a McDonald's restaurant. On the day and time of the meeting, he drove to the vicinity of the restaurant, parked in a nearby bank parking lot, and was arrested as he "began walking towards the McDonald's." (Id. at p. 361.) The defendant was charged with attempted child enticement, and he filed a motion to dismiss the criminal complaint. The trial court denied the motion, and the appellate court affirmed. The court held there was probable cause to charge the defendant with attempted child enticement, explaining: "Koenck did everything necessary to insure the commission of the crime intended . . . ." (Id. at p. 366.)