A cyber creep told a "14-year-old girl" they'd have to wait until she was 18 to go out on a date otherwise people would "think he's a paedo" - only to then send her a naked selfie and ask for a topless photo.
David James Merrill, 41, of Daffodil Close, Widnes, offered to pay the supposed teenager - really an adult decoy - to see what he called her “beautiful boobs”, Liverpool Crown Court heard as he appeared for sentence on Monday. Merrill had previously pleaded guilty at the first opportunity on August 23 to one count of attempted sexual communication with a child under 16 in connection with the exchange of messages.
Christopher Hopkins, prosecuting on Monday, said Merrill came to the attention of the authorities on March 13 last year when police received a call from the group “Fleetwood Enforcers” to say Merrill had been speaking to an adult purporting to be a 14-year-old girl online. The chat logs ran from November 30 to March 11, with the sexual communications from February into March.
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Initially, Merrill asked for a photograph of the girl’s “mother”, before asking if he and the purported "girl" could go out on a date once she turned 18 - “otherwise people would think he’s a paedo”.
He also requested a selfie, and said he fancied her and wanted “to be her friend”.
When she asked if they could be in a relationship, he said “yes, but no sex till 16 and no inappropriate pictures till 18”, telling her they “would have to keep it between us”.
This caution collapsed as he asked for a “topless” picture and said “nobody would find out”, adding: “I would love to see your beautiful boobs.”
He repeated the request a number of times and went on to send a picture to her of him holding his private parts, before he said: “I would even give you money for a topless pic.”
Unbeknownst to Merrill, the purported teenager was really an adult.
In police interview, Merrill said he found the supposed teenager “attractive”, but thought she was older than 14 and was “shocked when he found out she was 14”.
He also spoke of his struggles with alcohol and “clearly being dependent”, and admitted to sending the lewd picture of himself.
Merrill was of previous good character with no convictions, the court was told.
Simon Christie, defending, argued mitigation for the guilty plea and early admissions, previous good character, and he cited a psychological report that assessed Merrill as having an IQ of 81 - or 19 points below average - in addition to “manifest difficulties”.
Alcohol was also an issue, as was loneliness, and the defence barrister said Merrill would be suitable for further alcohol treatment.
Mr Christie said: “Drink has been a significant problem for a long period of time, and the defendant to his credit sought help from an agency, Change Grow Live, before he was arrested and that’s certainly continued.”
He added: “The messages describe a person of evidential abject loneliness. He uses his own name on all the exchanges.”
Mr Christie agreed Merrill “shouldn’t be sending these images or soliciting them”, but could be rehabilitated, whereas in prison he would be “vulnerable”.
Judge Stuart Driver, KC, sentenced Merrill to six months in prison, suspended for two years, with an order to complete the (Becoming) New Me programme and alcohol treatment requirement plus up to 20 days of a rehabilitation activity requirement.
He placed Merrill on the sex offenders register and imposed a Sexual Harm Prevention Order, both to run for seven years.
During his sentencing comments, Judge Driver, KC, said: “There’s a lot of mitigation.
“You’re of previous good character, a psychological report tells me you’re of low IQ and you’ve got long term alcoholism, which you’ve attempted to deal with in the past and to which you are certainly attempting to deal with.
“I’m confident there’s a lot of naivety in your offending.
“There will be some further reduction (to sentence) as there was no real victim.”
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