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State v. Lindquist

Supreme Court of Montana

March 6, 2018

STATE OF MONTANA, Plaintiff and Appellee,
v.
AREN KRISTIAN LINDQUIST, Defendant and Appellant.

          Submitted on Briefs: January 10, 2018

         APPEAL FROM: District Court of the Eighth Judicial District, In and For the County of Cascade, Cause No. CDC 14-344 Honorable John A. Kutzman, Presiding Judge

          For Appellant: Gregory D. Birdsong, Birdsong Law Office, PC, Missoula, Montana

          For Appellee: Timothy C. Fox, Montana Attorney General, C. Mark Fowler, Assistant Attorney General, Emily Caton, Student Intern, Helena, Montana, Joshua A. Racki, Cascade County Attorney, Great Falls, Montana

          OPINION

          JAMES JEREMIAH SHEA JUSTICE

         ¶1 Defendant Aren Kristjan Lindquist appeals the order from April 13, 2015, by the Eighth Judicial District Court, Cascade County, denying his motion to dismiss for entrapment as a matter of law. We address:

Whether the District Court erred in denying Lindquist's motion to dismiss for entrapment as a matter of law.

         ¶2 We affirm.

         PROCEDURAL AND FACTUAL BACKGROUND

         ¶3 On July 22, 2014, the Internet Crimes against Children Task Force of the Great Falls Police Department ("Task Force") posted an advertisement ("Ad") entitled "B$a$r$r$r$y L$e$g$a$1 - 18" in the "great falls escorts" subsection of the "great falls adult entertainment" section of Backpage.com. The Ad included a photograph of a scantily-clad female, with her face cropped out of the photograph. The text of the Ad read:

Jessica is visiting Great Falls
Independent
Call or text
no blocked or restricted numbers
(406)285-2836
Poster's age: 18
Location: Great Falls

         Shortly after the Ad posted, Lindquist responded to the number listed and initiated the following text message conversation[1] with the Task Force's undercover officer ("UC"), posing as pimp:

Lindquist: Hey how's it going??:-)
Lindquist: Saw your add would love to meet up !
UC: u in gfs
Lindquist: In Craig which is close by !
UC: my girls are under 18 is that ok
Lindquist: How old ?
UC: will I have 2 one 12 and one 15 years olds
Lindquist: Do you have pictures ?
UC: I do but I cant sent on my track phone
Lindquist: Ok do you need an e-mail ?
UC: they r pretty
UC: I don't have a computer
UC: the picture on the ad is real
Lindquist: Ok are you a cop?
UC: no u a fuckin cop what the . . .
UC: call if your interested

         ¶4 The Task Force searched the number, identified the caller as Lindquist, and applied for a warrant to record their conversations. Lindquist and the UC arranged to meet later that night, but when Lindquist did not show up, the UC texted Lindquist that his appointment would be canceled.

         ¶5 The following morning, on July 23, 2014, Lindquist replied to the previous night's text message and proceeded to arrange another meeting at a motel in Great Falls for later that day:

Lindquist: Good morning how's it going?
Lindquist: are you around today ?
UC: yes
Lindquist: Ok well I am here in great falls when do you think you will be around?
UC: I'm here now
UC: I guess you are going to be a no show again
Lindquist: No I am just finishing up my last errand where am I going?
UC: how long?
Lindquist: I am done
UC: do you know where the O'haire is?
Lindquist: Yes
UC: text me when your ...

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