COA tackles 2 issues of first impression

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The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.

Matthew Pavlovich appealed his convictions of Class D felony child solicitation and Class A misdemeanor patronizing a prostitute. The charges stem from his interactions with S.Y. and her now-husband and “pimp,” Bradford Pugh. Pavlovich communicated with S.Y. through the email “golfnutmi” and a cell phone with the last four digits 2662.

When he met with S.Y. to have sex with her, S.Y. mentioned she had a 9-year-old sister, P.Y. Pavlovich suggested S.Y. and P.Y. perform sex acts on each other. S.Y. and Pugh went to police with the texts and emails Pavlovich sent regarding P.Y. He was eventually charged and convicted based on those communications.

His appeal, Matthew Pavlovich v. State of Indiana, 49A02-1308-CR-715, brings up two issues of first impression. The first is the admissibility of text or email messages where there is a complete lack of technological or documentary evidence linking a party to a particular cell number or email address. The phone Pavlovich used is registered under a different name to an address in the middle of the highway. There is also no evidence connecting Pavlovich to the email address except for when he gave it to S.Y.

The appellate court ruled the circumstantial evidence is sufficient to authenticate the texts and emails as being authorized by Pavlovich, so they were properly introduced into evidence and authenticated as being written by him. S.Y. testified that Pavlovich was the man who hired her and had sex with her on the date, she recognized his voice and that they communicated through that number and email.

Pavlovich was entitled to – and did – argue that there was insufficient evidence that he wrote the messages, but the trial court did not abuse its discretion in admitting them into evidence.

The case also presents for the first time the question of whether it is a crime under Ind. Code 35-42-4-6(b), the statute governing child solicitation, for a person to direct communications to an intermediary who the person believes is passing the communications on to the child or is acting on behalf of the child.

“Certainly communicating through an intermediary, as was done here, satisfies the ‘any other means’ method of child solicitation,” Judge Elaine Brown wrote in the majority opinion.

The majority affirmed his convictions.

Judge Michael Barnes dissented on this issue, disagreeing that Pavlovich completed the act of child solicitation under the circumstances of this case. He pointed out that he never directly communicated with P.Y., instead, urged S.Y. to urge P.Y. to engage in a sex act with her, but S.Y. never did so. As such, no illicit communications ever reached a child under 14 years old or a person pretending to be a child, so the child solicitation conviction must be reversed.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...