Committing an Imaginary Crime

Recently Shane Kiser was arrested and charges with, among other things, attempted rape in the first degree. The investigation alleges that Mr. Kiser was attempting to solicit sex with a young boy over the internet. The interesting thing is that the child didn’t exist.

The circumstances alleged in the warrant involved in this case are essentially that Mr. Kiser was speaking to Delaware State Police detective in an internet chatroom whom he believed to be the father of a young boy. They allegedly arranged to meet in a Dover hotel for the sex to occur. Being that the supposed father was a police officer, the young boy didn’t exist.

While the thought of soliciting sex over the internet with a young child is reprehensible, is there a substantial step involved in a rape. Should someone be facing a class A felony when there is no victim. I understand that if these allegations are true that the intent was there, but should that be enough?

It is my opinion that it is not the duty of law enforcement to create situations for arrest. I am not arguing that this was entrapment, although I know very little it does not appear to be the case, but why create a crime just to make headlines. If the allegations are true, Mr. Kiser has some issues to deal with, and this may have stopped some future crime, but on the other hand, it may have accomplished nothing.