Supreme Court of North Dakota. William Kirschner , Fargo, ND, for defendant and appellant. We affirm, concluding sufficient evidence supports the district court 's verdict finding Rufus guilty of human trafficking. According to the advertisement, interested individuals could contact Russo for more details.
Rufus responded to the advertisement requesting more information. Russo replied, informing Rufus that the girl was fourteen years old. Rufus asked Russo whether it would be illegal, as the girl was only fourteen, and requested more details.
Russo acknowledged fourteen was illegal, but indicated he would not tell anyone. In two separate online Yahoo Messenger conversations, Russo and Rufus discussed the pricing for various sexual acts and a meeting place and time. Rufus and Russo agreed to meet in a parking lot at p. Russo told Rufus to bring condoms if he wanted to have sexual intercourse with the girl. Rufus arrived and was arrested.
The deputy found marijuana and money on Rufus. The deputy also found a cooler containing beer, additional marijuana, one morphine pill, and one oxycodone pill in Rufus's vehicle. Rufus waived his right to a jury trial and, on May 28, , the district court held a bench trial. The court issued its findings and verdict, convicting Rufus of human trafficking, a class AA felony. The district court entered judgment on October 21, , sentencing Rufus to ten years of incarceration, with five years suspended.
Rufus appealed, challenging the sufficiency of the evidence, and alternatively, whether the offense should be classified as a class AA felony. Specifically, Rufus contends 1 this Court should review both the facts and law under a de novo standard of review; 2 the district court 's findings are flawed; 3 the elements of the crime of human trafficking do not include making a date with a pimp to possibly have sex with an underage prostitute; and 4 his actions do not constitute an attempt to commit a crime.
