Boone v. State

899 S.E.2d 811

BOONE

v.The STATE.

A23A1610

Court of Appeals of Georgia.

March 15, 2024

Jerry W. Chappell II, for Appellant.

Leigh Ellen Patterson, Rome, Ashley Suzanne Cox, for Appellee.

Pipkin, Judge.

[1, 2] Appellant Joseph Boone was found guilty by a jury of criminal attempt to commit child molestation, trafficking of a person for sexual servitude, computer pornography, obscene internet contact with a child, and criminal attempt to commit sexual exploitation of a child. He appeals, challenging the sufficiency of the evidence to support his convictions. As more fully set forth below, we agree that his convictions for obscene internet contact with a child and criminal attempt to commit sexual exploitation of a child must be reversed, but we affirm his convictions for the remaining offenses.

When we consider whether the evidence is sufficient to sustain a conviction, we ask whether any rational jury could have found proof beyond a reasonable doubt of the guilt of the defendant in the evidence adduced at trial, viewing that evidence in the light most favorable to the verdict. And as we consider this question, we must keep in mind that it is for the jury, not appellate judges, to weigh the evidence, pass upon

the credibility of witnesses, and resolve conflicts in the evidence. So, if the record contains some competent evidence sufficient to prove beyond a reasonable doubt each element of the crime of which the defendant was convicted, we must uphold the conviction, even if the evidence is contradicted.

(Citation and punctuation omitted.) Weyer v. State, 333 Ga. App. 706, 706 (1), 770 S.E.2d 304 (2015).

Viewed in this light, the evidence adduced at trial shows that in July 2019, an investigator with the Floyd County Police Department working as a member of the Georgia Bureau of Investigation Internet Crimes against Children Task Force ("Investigator"), placed an ad on Craigslist using the "KIK App" name "britbritbaby000." The ad was headed "Helping hand (Athens)," and the text stated that "britbritbaby000" was "looking for a friend to do whatever with so I can get out of bad situation." Boone, using the KIK App name "Bg Dk" responded; he and the Investigator posing as "britbritbaby000" exchanged introductory type messages, which revealed, among things, that Boone was an EMT working in Atlanta.¹ "Britbritbaby000" messaged Boone that she was looking to make money so she could leave the foster home where she was staying in Athens, and he asked her if she had any skills. When she responded in the affirmative, he replied "like what?," and she told him she could do a lot of things, depending "on what you want." Boone pressed her about what she had in mind, and she replied that she will do "anything for real" and then told Boone that she is "14, and I’ve got to get out of this house." Boone questioned her about her plan after she leaves the group home, and when she responded that she planned to "live in hotels and make money doing what I can," Boone expressed concern that she might be stepping into a situation that was worse than her current situation.

After a few more exchanges, Boone asked "britbritbaby000" what he needed to do if he wanted to help her. When "britbritbaby000" responded that he could bring her cash on a card, Boone asks "Then what?" She told him that is up to him, and he replied "I had a few ideas Initially, but you're so young." When "britbritbaby000" attempted to reassure Boone that she is not that young, he replied that she was young enough to land him in jail. "Britbritbaby000" told Boone that she was worried that he would snitch on her, and he assured her that he would not and told her that he wanted her to succeed and also to be safe. After he again expressed concern about the "crazy people out there," Boone told "britbritbaby000" that he wanted to "save her" and asked if she wanted out of Athens. She replied that she really just wanted out of the group home, and Boone suggested she could come to Atlanta. "Britbritbaby000"agreed to come to Atlanta and commented that it was probably best if she gets far away.

Boone then messaged, "So you said anything, right" and when "britbritbaby000" replied in the affirmative, he told her "I’ve always wanted a pet person, LOL." "Britbritbaby000" asked Boone what he meant by that, and he replied, "I don’t know. Just a thought. Someone to live at my house and keep me company." "Britbritbaby000" asked, "So like cleaning" and Boone responded, "Yeah. Maybe some other stuff." When "britbritbaby000" asked for an example, Boone told her that "I guess it depends on the situation." "Britbritbaby000" implored Boone to be honest about what he wanted since she needed to know before she made a decision, and Boone replied, "[K]inda like a live-in maid with benefits." "Britbritbaby000" told Boone that sounded "awesome," and she asked him what else she would be doing beside cleaning. Boone listed cooking, housekeeping, massages and laundry. Boone told "britbritbaby000" that she "probably couldn’t handle the other things, LOL. You’re too young." She asked him what other things, and he replied, "sexual stuff. You wouldn't know anything about that." She assured him she knew something about that and he asked, "Really? What do you know?" "Britbritba- by000" responded that she has "done oral." and Boone asked her if she is "any good at it?"

Although the Investigator testified that she and Boone continued to communicate during the ensuing months, the record of those messages was lost, and the exchange about oral sex was the last saved message that the Investigator received from Boone until the following year.² Later, in February 2020, Boone messaged "britbritbaby000" asking her how she had been, and when she responded that she missed him, Boone replied that he wanted to see her soon. Boone told "britbritbaby000" that he wanted to come to get her but then he expressed concern about where they would go. "Britbritbaby000" responded that they could chill in his car, and Boone said that she might get bored and that he wanted to go "somewhere we can be comfortable."

Boone suggested that he might come see her that night if it was not too late when he got off from work, and when she asked him what they were going to do, he replied, "just chill in the car, I guess." She questioned if he wanted to take her back with him, and he told her, "That would be nice. You trying to stay with me all night, huh." She said that was up to him, and he asked her what she wanted to do. She referred to their previous exchanges, and Boone asked her to be more specific. She replied, "What all you said about being your slave" but added that it was fine if he does not want that anymore. He replied "you know I do." After some back and forth about whether she would be missed at the group home, she reassured him that she would not be missed, but added, "You don’t care I’m like 14 do you? Like, for real for real." Boone questioned why she would bring that up and then commented that she seemed really mature. She explained that she did not want to make him feel weird, and Boone asked "how do you wanna make me feel?" "Britbritbaby000" replied that she wanted to make him feel good, and he asked how she was going to do that. "Britbritbaby000" told Boone that she liked it when he told her what to do, and Boone said she could start by showing him something. She asked what he meant, and he replied "Your body." She informed Boone that she does not send nudes, and, when he asked "why not?" she told him that they get stolen. Boone wanted to know if she would send a nude without her face in it, and "britbritbaby000" informed him that she has had those stolen too, to which he responded, "Damn. Not even for me." She then sent him a photograph of a fully-clothed young woman,³ and Boone said she was cute.

"Britbritbaby000" then asked Boone if he was "still trying to take care of [her]" and he replied, "Yeah. You’re gonna be my slave; right?" When she responded in the affirmative, he said "Then I’ll have to keep you fed. LOL. My pet." He then told her that, "If you get out of line, I’ll have to spank you." When she asked, "It’ll feel good though, right?" Boone replied, "When you’ve been good it will. If you’ve been bad, I don’t know." When she questioned what he meant by her being "bad," Boone replied, "being disobedient … but I’m sure you’ll be a good girl for me."

Boone and "britbritbaby000" made a plan to meet late that night. She asked if she should pack a few things, and he wanted to know if she was going to pack her whole life. She told him that she did not have much and was just thinking to pack a change of clothes; Boone assured her that it is better to have it and not need it than to need it and not have it. He stated that he hoped to have the following day off work so he could be with her all day if she came back with him. They then agreed that Boone would text her when he got off work.

The messages picked back up with "britbritbaby000" telling Boone that she was going to take a shower and "get cute." He asked her if she shaved, and when she said, "for sure," he replied "good." After they exchanged a few additional messages, he told her that he was getting off of work and should be there around 2:25 a. m. He also told her that he had good news and bad news – he said the bad news was that he could not bring her back with him that night because he had to work the following afternoon, but then said he still wanted to see her and asked if she was cool just to chill in the car for a bit and ride around and talk. He also asked her to take a "selfie" and send it to him, and when she complied, he replied that she was "cute AF." He then messaged her that he was about six minutes away from their meeting point and she led him to believe that she was walking there to meet him.

Boone arrived at the arranged meeting spot, and police officers approached him with lights and sirens activated. Boone attempted to drive away, but police cut off...