United States v. Young (2010)
United States Court of Appeals for the Eighth Circuit
613 F.3d 735 (2010)
James Young (defendant), charged with attempting to entice a minor into sexual activity, arranged online with an undercover officer posing as 14-year-old 'Emily' to meet at a motel for sex, drove there, and attempted to check in but had his credit card declined; after his ATM withdrawal came up short, he canceled the reservation, then drove around honking and yelling when he spotted a girl (another undercover officer) dressed as Emily had described. Officers arrested Young, finding a condom, a note to Emily, and bubble bath in his possession; Young testified he never intended to actually check in or have sex with Emily and was only driving around to ensure her safety. The judge denied his request for an abandonment-defense jury instruction, and the jury convicted him.
Whether it is an affirmative defense that the defendant voluntarily abandoned or otherwise renounced his criminal intent before completing the crime.