State v. Buranek

2025 UT App 92 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. LUKE MARTIN BURANEK, Appellant. Opinion No. 20230969-CA Filed June 20, 2025 Second District Court, Ogden Department The Honorable Craig Hall The Honorable Rita M. Cornish No. 221901265 Rachel Phillips Ainscough and Jessica Hyde Holzer, Attorneys for Appellant Derek E. Brown and Alexandra Herlong, Attorneys for Appellee JUDGE GREGORY K. ORME authored this Opinion, in which JUDGES RYAN M. HARRIS and JOHN D. LUTHY concurred. ORME, Judge: ¶1 Over the course of one night, Luke Martin Buranek engaged in a sexually explicit online conversation and ultimately tried to meet up to have sex with a “13-year old girl” who turned out to be an undercover special agent. A jury subsequently convicted him of enticing a minor. Buranek now challenges his conviction, arguing that the trial court erred in denying his motion for a directed verdict on the ground that the State had failed to prove that he was not entrapped. We affirm his conviction.  State v. Buranek BACKGROUND 1 ¶2 In May 2022, having recently broken up with his girlfriend, Buranek posted an ad on a dating and personals website. The website required its users to be 18 years or older. Buranek’s listing specified that he, a 19-year-old male, was seeking a “fwb situation” 2 and “connections” with women aged 18 to 35. The ad also included a picture of Buranek with blue hair. ¶3 The ad caught the attention of a special agent (Agent) for Utah’s Internet Crimes Against Children Taskforce. Posing as a girl named Cassidy, 3 Agent responded to Buranek, leading to the following email exchange: Cassidy: I love the hair. You look like just my type. we should hang out Buranek: I’m willing. if I may ask what do you look like? Cassidy: I can send you a pic. I am a little young tho. I hope that is ok. Agent then sent Buranek a photo of a girl whom Agent believed appeared to be around 13 years old but which was actually a photo of a legal secretary in Agent’s office—sent with her 1. “On appeal, we recite the facts from the record in the light most favorable to the jury’s verdict and present conflicting evidence only as necessary to understand issues raised on appeal.” State v. Brown, 2025 UT App 31, n.1, 566 P.3d 737 (quotation simplified). 2. As explained at trial, the abbreviation “fwb” stands for “‘friends with benefits,’ which is a no-strings attached relationship.” 3. In this opinion, we sometimes refer to Agent by his undercover persona, “Cassidy.” 20230969-CA 2 2025 UT App 92  State v. Buranek consent—that was taken when she was between 15 and 17 years old. ¶4 The email exchange then continued: Buranek: What age are you? Buranek: I’m 19 Cassidy: I am 13 Cassidy: 19 is a great age for me. Mature yet understanding :) Buranek: I mean you’re cute. but that age gap is real. I’m not a creep. what are you looking for exactly on here? Cassidy: looking to hang out. play video games and just chill. I am home alone and bored. Buranek then asked whether Cassidy was on a certain messaging app, and the two exchanged a few more emails coordinating the switch to that other platform. Cassidy also sent Buranek two more photos that she said were of herself. ¶5 Once they had connected on the messaging app, Buranek sent a photo of himself, and their conversation continued: Buranek: You’re very hot. You’re very cute. Whatchu got in mind tonight? Cassidy: Play some video games. See where the night leads. What about you? Buranek: What games do you play? Where do you want the night to lead lmao 20230969-CA 3 2025 UT App 92  State v. Buranek Cassidy: I just got Elden Ring. Buranek: Elden Ring is very fun. Extremely hard tho. I’m almost at the ending. Cassidy: Really. I need lots of help in it!! Where do you hope things lead to. I’m shy. You tell me first :) Buranek: I’m pretty shy too so don’t be worried, but we could make out at first and then it could lead where ever but I’m not gonna push any boundaries, I’m not a dick and I try to be a sweet guy so as far as you wanna take it ;) But no pressure ok Cassidy: No pressure at all ;). That all sounds amazing. If I was willing. Where would you want it to lead too? Buranek: How experienced are you? Like the furthes