In United States v. McCarron, --- F.4th ---, No. 20-10072 (9th Cir. 2022), the Court affirmed a conviction for attempted enticement of a minor in violation of 18 U.S.C. § 2422(b).
The Court rejected McCarron's sufficiency challenge, explaining: ''the criminal purpose charged' under § 2422(b) is the 'attempt to achieve the mental act of assent.'"
"McCarron 'was charged with attempting to persuade, induce, entice, or coerce [a minor] to engage in sexual activity with him—not with attempting to engage in sexual activity with [a minor].' The sufficiency of the evidence must be evaluated accordingly."
The Court concluded, "McCarron’s multiple proposed lurid rendezvous, even if purely hypothetical, suffice as evidence of a substantial step in his attempt to cause a minor’s assent to unlawful sexual activity."
"A defendant who, after initiating contact with a minor, 'proposes a rendezvous to perform' unlawful sexual activity has taken a 'substantial step' toward a completed crime under § 2422(b)."
