Wednesday, January 25, 2023

1/25/23: case on attempted coercion and enticement in violation of 18 U.S.C. §§ 2422(b) and (2)

In United States v. Eller, --- F.4th ---, No. 20-10425 (9th Cir. 2023), the Court affirmed the conviction for attempted coercion and enticement of a child in violation of 18 U.S.C. §§ 2422(b) and 2.

In doing so, the Court held: "Whether Eller’s intended victims were 'willing' to engage in these acts is ultimately irrelevant (much like the minors’ existence in the first place)—our 'focus always remains on the defendant’s subjective intent because the statute is designed to protect children from the act of solicitation itself. And with that focus, the evidence of Eller’s guilt, which far exceeded the passages excerpted here, was overwhelming.”