U.S. v. Brooks, 60 M.J. 495

Core Criminal Law Subjects: Crimes: Art. 134 - Miscellaneous -- Clause 1, Clause 2, or Clause 3 Pre-2019 offenses

1. a conviction under 18 U.S.C. § 2422(b) does not require an accused to communicate directly with an a minor
2. a conviction under 18 U.S.C. § 2422(b) does not require the direct inducement of a minor; an accused’s acts may constitute inducement under the statute where, by negotiating with a purported relative of a minor, an accused attempted to stimulate or cause the minor to engage in sexual activity with him
3. the relevant criminal intent under 18 U.S.C. § 2422(b) is the intent to induce as opposed to the intent to commit the actual sexual act; a conviction under § 2422(b) does not require an accused to attempt an actual sexual act; a § 2422(b) conviction requires only an intent to persuade or to attempt to persuade; Congress has made a clear choice to criminalize persuasion and the attempt to persuade, not the performance of the sexual acts themselves
4. an attempt conviction under 18 U.S.C. § 2422(b) does not require communication with an actual minor
5. appellant’s conviction for a criminal attempt under 18 U.S.C. § 2422(b) is well supported by the facts; appellant acted with the intent to induce a minor to engage in unlawful sexual activity; and appellant’s travel to a designated location and his arrival there with gifts for a child constituted the overt act that was the substantial step toward persuading, inducing, enticing, or coercing a minor to engage in illegal sexual activity
6. in this case, the evidence presented at trial strongly supported a conviction under 18 U.S.C. § 2422(b) where appellant knowingly induced a woman to bring her minor sister to a designated location for sex, where before the meeting, appellant bought gifts suitable for a young child, and where appellant was apprehended at the door of the designated location

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. the test for legal sufficiency requires appellate courts to review the evidence in the light most favorable to the Government; if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, the evidence is legally sufficient