The federal statute 18 U.S.C.A. 2422(b) makes it a crime for an adult to entice...

  

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The federal statute 18 U.S.C.A. § 2422(b) makes it a crime for an adult to entice or attempt to entice a minor into engaging in sexual activity "for which any person can be charged with a criminal offense." The circuit courts of appeal are split on whether under this statute a defendant must engage or attempt to engage in some physical contact with the minor. In United States v. Taylor, 640 F.3d 255 (7th Cir. 2011), the court held it did require physical contact. In United States v. Fugit, 703 F.3d 248 (4th Cir. 2012), the court held it did not. Assume an adult has a conversation (telephone or Internet) with a child, and suggests the child engage in some sexual activity, such as touching his or her own genitals. Nothing more happens. Is the adult guilty of solicitation under the federal statute? Is this an example of attempted solicitation? Is attempted solicitation possible? Finally, how does this example differ from the Internet chat room attempt cases on p. 98-99, which require some substantial step beyond the Internet conversation? A petition for certiorari to the U.S. Supreme Court was filed in May 2013. Would you grant the petition if you were a Supreme Court Justice? Why or why not? The federal statute 18 U.S.C.A. § 2422(b) makes it a crime for an adult to entice or attempt to entice a minor into engaging in sexual activity "for which any person can be charged with a criminal offense." The circuit courts of appeal are split on whether under this statute a defendant must engage or attempt to engage in some physical contact with the minor. In United States v. Taylor, 640 F.3d 255 (7th Cir. 2011), the court held it did require physical contact. In United States v. Fugit, 703 F.3d 248 (4th Cir. 2012), the court held it did not. Assume an adult has a conversation (telephone or Internet) with a child, and suggests the child engage in some sexual activity, such as touching his or her own genitals. Nothing more happens. Is the adult guilty of solicitation under the federal statute? Is this an example of attempted solicitation? Is attempted solicitation possible? Finally, how does this example differ from the Internet chat room attempt cases on p. 98-99, which require some substantial step beyond the Internet conversation? A petition for certiorari to the U.S. Supreme Court was filed in May 2013. Would you grant the petition if you were a Supreme Court Justice? Why or why not?

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Is the adult guilty of solicitation under the federal statute No the adult is not guilty of solicita... View the full answer