The People of the State of New York v David Sheard
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Attorneys and Parties
Brief Summary
Criminal prosecution involving child sex trafficking and promoting prostitution, specifically whether post-rescue efforts to bring a 16-year-old back into a prostitution operation were legally sufficient to support attempt convictions.
The Bronx Supreme Court vacated the jury's guilty verdicts on attempted sex trafficking of a child and attempted promoting prostitution in the second degree after granting a trial order of dismissal, and then adhered to that ruling on reargument.
The Appellate Division reversed the dismissal of the attempted counts, reinstated the guilty verdicts for attempted sex trafficking of a child under Penal Law § 230.34-a(1) [sex trafficking of a child: a person age 21 or older intentionally advances or profits from prostitution of a child under 18] and attempted promoting prostitution in the second degree under Penal Law § 230.30(2) [second-degree promoting prostitution: knowingly advances or profits from prostitution of a person under 18], denied defendant's motion in full, and remitted for resentencing.
The court found the evidence legally sufficient because defendant's pre-rescue relationship with the minor was aimed at profiting from her sex work, and his post-rescue messages, including screenshots from sex buyers asking for "Candy" and repeated requests that she return, showed he was attempting to restore that same exploitative arrangement and had come dangerously close to completing the crimes.
Background
The 34-year-old defendant operated a sex worker business using 16-year-old A.J., known as "Candy," as a sex worker. After police removed A.J. during an undercover operation, defendant continued contacting her. The trial evidence included extensive electronic communications showing that defendant sent A.J. screenshots of customer messages requesting "Candy" and repeatedly urged her to come back. A jury convicted him of promoting prostitution in the second degree, endangering the welfare of a child, attempted sex trafficking of a child, attempted promoting prostitution in the second degree, and attempted endangering the welfare of a child.
Lower Court Decision
The Supreme Court, Bronx County, orally granted defendant's motion for a trial order of dismissal on the counts of attempted sex trafficking of a child and attempted promoting prostitution in the second degree. The People moved to reargue, and although the court granted reargument, it adhered to its prior decision vacating those two guilty verdicts.
Appellate Division Reversal
The Appellate Division unanimously reversed. It held that, viewing the evidence in the light most favorable to the prosecution, a rational jury could find the elements of both attempt crimes beyond a reasonable doubt. The court also held that the verdict was not against the weight of the evidence because defendant's conduct after A.J.'s rescue was directed at reestablishing the same prostitution relationship from which he had previously profited. The court rejected defendant's argument that he had not come dangerously close to completing the offenses, finding that his conduct carried the criminal project forward within dangerous proximity to completion. The attempted-count convictions were reinstated and the case was remitted for resentencing.
Legal Significance
This decision confirms that attempt liability may be established in child sex trafficking and promoting prostitution cases where a defendant's post-intervention communications are aimed at restoring an existing exploitative arrangement with a minor. The court emphasized that dangerous proximity can be shown by communications and conduct that actively seek to resume the prostitution enterprise, even if the minor never actually returns.
When a defendant has already been exploiting a minor in prostitution, evidence that he later contacts the minor, relays customer demand, and urges her to return can be enough to sustain attempt convictions for child sex trafficking and promoting prostitution.