Of course not.
My only point is that the crime in question is purportedly "sexual contact with a minor," or something along those lines.
But there was no minor, so how did he have sexual contact with her?
By that logic, if someone is given a shotgun to murder someone but the person giving them the shotgun was working undercover and filled it with blanks instead of bullets and they go to shoot the victim at point blank range, there was no crime committed because he only fired blanks, not a bullet? No murder occurred, so he can’t be charged with attempted murder? It was just a ‘thought crime’?