U.S. v. Hosler

Record contained sufficient evidence to support defendant’s conviction on charge of use of facility or means of interstate commerce to attempt to persuade or entice minor to engage in sexual activity in violation of 18 USC section 2422. While defendant argued that his conversations with police detective posing as mother of 12-year-old girl were not intended to portray himself as attractive sexual partner to said minor and to gain minor’s assent to sexual activity with him, Ct. of Appeals found that defendant’s conversations with detective, during which defendant discussed minor’s sexual experience and preferences, as well as sexual acts that interested both defendant and minor and potential for continuing relationship with minor, fit within terms of section 2422. Moreover, defendant’s intent to persuade or entice was shown by: (1) defendant’s attempt to assuage detective’s concerns about defendant’s suitability as sexual partner for minor; (2) defendant’s offer to bring gifts to minor; and (3) defendant’s inquiry about minor’s awareness of defendant’s interest in her.