Friday, April 05, 2013

Enticed Minor Even Though Communicated Only with Adult

United States v. Caudill, No. 12-10292 (Feb. 19, 2013) (DeMoss, Owen, and Haynes)

Caudill was convicted under 18 U.S.C. § 2422(b) for attempting to persuade, induce, or entice individuals whom he believed were eleven and thirteen years old to engage in criminal sexual activity. The underlying facts are that he communicated with an adult posing as the caretaker of two girls and arranged to pay the adult $100 in exchange for the opportunity to perform sex acts with the two girls. He never sought to have his communications passed on directly to a child. Nevertheless, the panel found that Caudill "used the Internet in an attempt to arrange direct conduct so that he could persuade, induce, or entice minor children to engage in sexual intercourse, or he used the Internet in an attempt to have an adult intermediary persuade, induce, or entice minors to have sexual relations with" him. Since he communicated with the adult intermediary and anticipated that the adult would lead the girls to submit to sexual activity with him, he violated § 2422(b).



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