Eichorn continued messaging and the undercover officer once again brought up being underage. Eichorn said he believed the age of consent in Minnesota was 16 so he wasn’t worried.
While the government sought to position Eichorn as soliciting a minor, Hawkins argued that Eichorn never once negotiated a price or suggested a price for the transaction and that the ad itself — with photos and body measurements — was being used to entice his client. He noted that Eichorn asked the undercover officer to verify that everything was legal.
“The indication is that he’s concerned about making sure this young woman is of legal age,” Hawkins said.
The government countered that the undercover officer provided price information, types of sexual acts allowed and whether or not a condom was needed and said multiple times she was 17. Once, when Eichorn said her photo looked like someone in her 20s, she responded: “I can assure you I am 17. If you aren’t interested…bye."
Eichorn responded he was interested and driving to meet up now.
On March 17, Eichorn showed up as planned to meet the undercover officer. The officer told Eichorn where to park and verified Eichorn was wearing a black T-shirt and walking around a parking lot. Eichorn said yes. Then the arrest occurred.