The Iowa Supreme Court has ruled that prosecutors may move forward with a human trafficking charge against an Iowa City man accused in an online child sex sting, overturning a Polk County judge’s decision to dismiss the charge.
In a decision released Friday morning, the state’s highest court concluded that a person can be charged with attempted human trafficking based on what they believed they were doing—even if the supposed trafficking victim or trafficker did not actually exist. The ruling sends the case against Kevin Charles Lind back to district court for further proceedings.
The case centered on allegations that Lind negotiated to pay for sex with a nine-year-old child he believed would be supplied by the child’s mother. According to court records, the “mother” was not actually trafficking a child but was instead part of a law enforcement operation. A district court previously dismissed the human trafficking charge, finding that no one involved was actually engaged in human trafficking.
The Iowa Supreme Court disagreed, ruling that Iowa’s attempted human trafficking law focuses on the defendant’s intent and actions, not on whether the crime could ultimately be completed because of circumstances unknown to the defendant. The decision establishes a new statewide precedent for future undercover human trafficking investigations.
The case drew statewide attention in April when the Iowa Supreme Court heard oral arguments before a public audience at Fairfield High School as part of its effort to bring court proceedings to communities across Iowa.
The case will now return to the Polk County District Court, where the attempted human trafficking charge may proceed.
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