United States v. Hite

Defendant appealed his conviction for attempting to persuade a minor to engage in unlawful sexual activity in violation of 18 U.S.C. 2422(b). At issue was whether section 2422(b) requires direct communications with a minor. In this case, defendant's conviction was based on Internet and phone conversations with an undercover detective. The court held that a defendant can be convicted under section 2422(b) for communicating with an adult intermediary, if the defendant's communications with the intermediary are aimed at persuading, inducing, enticing, or coercing the minor. Here, the court vacated the conviction and remanded for a new trial nevertheless because the district court erred in instructing the jury and excluding expert testimony crucial to the defense. View "United States v. Hite" on Justia Law