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Charles Daniel Fraley (“defendant”) appeals a judgment entered upon a jury verdict finding him guilty of soliciting a person the defendant believed to be a child by means of a computer for the purpose of committing an unlawful sex act. Defendant did not log on using his real name, but instead used the pseudonym “moonraker1rain.” Detective Kelly Marshburn (“Detective Marshburn”), a cyber crimes detective with the Raleigh Police Department (“RPD”), also logged on to NC Romance that day. On 7 December 2007, defendant and Cassia engaged in a chat on NC Romance. “ ‘The best indicia of [the legislature's] intent are the language of the statute or ordinance, the spirit of the act and what the act seeks to accomplish.’ ” State v. BACKGROUNDOn 7 December 2007, defendant, a married father of a nine-year-old daughter, logged on to the Yahoo Internet chat room titled NC Romance (“NC Romance”). In the instant case, defendant was 32 years old and Cassia stated she was 14 years of age.
Cassia did not respond and did not meet with defendant on 17 December. He also stated that he could get in trouble for talking to Cassia because she was so young. When Cassia stated that she was nervous because she “never did this before,” defendant replied that he had done so once, “but not with someone this young,” adding that he and his previous paramour “just kissed.” When Cassia asked if defendant liked younger girls, he replied in the affirmative because “[t]hey just look better, feel better.” Defendant and Cassia agreed to meet in person at the food court at the mall, and agreed to chat more online so that Cassia could tell defendant “everything that [she] want[ed] to do.”Defendant and Cassia engaged in an online chat that day that lasted an hour. Detective Regina Corcoran (“Detective Corcoran”) of the RPD portrayed Cassia. Detective Corcoran was sitting at another table in the food court approximately 25 feet from Detective Marshburn. 10(b)(3) (2009) states: A defendant in a criminal case may not assign as error the insufficiency of the evidence to prove the crime charged unless he moves to dismiss the action, or for judgment as in case of nonsuit, at trial.
Detective Marshburn then obtained a subpoena for the Internet carrier service, which identified defendant as the subscriber who had been chatting under those pseudonyms.