MCFADDEN, P. J., RICKMAN and MARKLE, JJ.
a bench trial, Richard Allen Reid was convicted on one count
of criminal attempt to commit child molestation and two
counts of computer pornography. On appeal, Reid contends that
the evidence was insufficient to support his conviction for
criminal attempt to commit child molestation and that the
evidence established the affirmative defense of entrapment.
For the following reasons, we affirm.
On appeal from a criminal conviction, we view the evidence in
the light most favorable to support the jury's verdict,
and the defendant no longer enjoys a presumption of
innocence. We do not weigh the evidence or judge the
credibility of the witnesses, but determine only whether the
evidence authorized the jury to find the defendant guilty of
the crimes beyond a reasonable doubt in accordance with the
standard set forth in Jackson v. Virginia, 443 U.S.
307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).
(Citation and punctuation omitted.) Hall v. State,
335 Ga.App. 895 (783 S.E.2d 400) (2016).
viewed, the evidence showed that in the summer of 2015, an
investigator with the Effingham County Sheriff's Office
placed an ad on Craig's List stating that he was a female
and was "home alone bored." Reid responded to the
ad, "I am very much interested in hanging out. I'm a
lot of fun to be around but will let you be the judge of that
if you're interested. Hit me up and let's
see what kind of fun we can get into." When the
investigator replied that she was 15-years-old, Reid stated,
"[o]h wow, but you're only 15 though."
investigator sent a photograph purporting to be a photograph
of the 15-year-old girl, but it was actually a photograph of
a female deputy at the sheriff's office, and Reid sent a
photograph of himself. After communicating through
Craig's List, Reid and the investigator, posing as the
15-year-old girl, began exchanging text messages. The
investigator testified that Reid "constantly ask[ed] for
nude photos of the child" and stated that he was a
"horny old man." Reid sent text messages to the
investigator stating that the child was a "very
attractive young lady" and that he was "really a
lot older than [her]," Reid asked the investigator what
kind of "fun" she liked and he replied, "I lik
all kinds and mayb even new stuff." Reid responded,
"[d]on't tease me girl[.]" Reid expressed
concern to the investigator about being discovered by law
enforcement and told him to "get rid of" all of
their conversations so that a parent did not discover them.
and the investigator arranged to meet at a gas station. Prior
to their meeting, Reid requested more revealing photos that
showed more skin so that he would have something to look
forward to. The investigator testified that Reid stated,
"[w]e can still play and get all worked up and be ready
to have fun when I do make it up there" and that he
wanted to "see [her] naked before I
see you Friday, that'd also prove that
you're serious." Reid confirmed that the
investigator would be alone when he met with the child after
work and stated that he was "pretty excited" about
meeting with her. After they met, Reid planned to go back to
the child's house.
Reid indicated that he was close to the arranged meeting
location, the investigator began surveillance. The
investigator observed a male in a Jeep pull into a parking
space toward the end of the parking lot. The male sat in his
vehicle for several minutes without exiting before backing up
and attempting to leave the location. Thereafter, the
investigator conducted a traffic stop and identified the male
as Reid. The investigator testified that Reid initially
stated that "he was just simply riding around" but
then admitted "that he was coming to meet a female that
he knew was underage."
was indicted for one count of criminal attempt to commit
child molestation and two counts of computer pornography.
Reid entered a guilty plea to all counts of the indictment
but subsequently successfully moved to withdrawal the guilty
plea. Following a bench trial, Reid was convicted on all
counts. Reid filed a timely motion for new trial, which was
denied by the trial court. This appeal follows.
contends that the evidence was insufficient to support his
conviction for criminal attempt to commit child molestation.
Specifically, Reid argues that he never took a substantial
step towards committing child molestation or, alternatively,
that he abandoned any attempt to commit to child molestation.
We disagree. "A person commits the offense of criminal
attempt when, with intent to commit a specific crime, he
performs any act which constitutes a substantial step toward
the commission of that crime." OCGA § 16-4-1. To
establish that Reid attempted to commit child molestation,
the State was required to prove that he took a substantial
step toward doing "any immoral or indecent act to or in
the presence of or with any child under the age of 16 years
with the intent to arouse or satisfy the sexual desires of
either the child or the person." OCGA § 16-6-4 (a)
(1). "[W]hether a particular act is "immoral or
indecent" is a [question for the factfinder] that may be
determined in conjunction with the intent that drives the
act." Slack v. State, 265 Ga.App. 306, 307 (1)
(593 S.E.2d 664) (2004).
communications between Reid and the alleged child need not
describe the particular sexual acts that he intended to
engage in with the child to establish intent because
"intent, which is a mental attitude, can be
inferred." (Citation and punctuation omitted.)
Schlesselman v. State, 332 Ga.App. 453, 455 (1) (773
S.E.2d 413) (2015). "And whether a defendant possessed
the necessary intent is a question of fact for the
[factfinder] after considering all the circumstances
surrounding the acts of which the accused is charged."
(Citation and punctuation omitted.) Id.
Reid communicated with someone he believed to be a
15-year-old girl. Reid asked the alleged child repeatedly for
nude photographs, told her that he was a horny and dirty old
man, and asked her not to "tease" him when she told
him that she would like to try new things. Prior to
Reid's arranged meeting with the alleged child, he told
her they could "play and get all worked up and be ready
to have fun" before meeting, that he wanted to
see her naked to prove that she was serious, and
that he was "pretty excited" about meeting her.
This was enough evidence for the trial court to determine
that, with the intent toward doing an immoral or indecent act
with a 15-year-old girl, Reid took a substantial step toward
committing child molestation by arranging to meet the child,
and traveling to the meeting place. See
Schlesselman, 332 Ga.App. at 455 (1) (affirming
defendant's conviction for attempted child molestation
where the defendant arranged to pay for a night of
"companionship" with a 14-year-old girl and drove
to the meeting location); Lopez v. State, 326
Ga.App. 770, 774 (1) (b) (757 S.E.2d 436) (2014) ("We
have held that a conviction of attempted child molestation is
authorized where the evidence shows that the defendant
communicated with an adult whom the defendant believed to be
a child under sixteen years old and took substantial steps to
meet with that person to engage in sexual activity that would
constitute child molestation.").
Reid argues that he abandoned any criminal purpose when he
left the arranged meeting place without exiting his vehicle.
"When a person's conduct would otherwise constitute
an attempt to commit a crime under Code Section 16-4-1, it is
an affirmative defense that he abandoned his effort to commit
the crime or in any other manner prevented its commission
under circumstances manifesting a voluntary and complete
renunciation of his criminal purpose." OCGA §
16-4-5 (a). "[W]hen a defendant raises and testifies in
support of an affirmative defense, the State has the burden
of disproving ...