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Lee: Substantial Step Toward Enticement of Minor Need not be toward Causing Conduct

By Tim Cone

In U.S. v. Lee, No. 08-17077 (April 16, 2010), the Court affirmed convictions for attempted enticement of a minor, and child pornography charges.The Court rejected Lee?s sufficiency of the evidence challenge to his convictions. Lee argued that he could not be guilty of attempted enticement of a minor because he dealt only with an adult (an undercover agent), with regard to two fictitious minors. The Court found that, for purposes of violating the enticement statute, one can ?induce? a minor by dealing with an adult who has charge of the minor, like a parent or guardian. The Court cited precedent holding that an actual minor is not needed to violate the statute: fictitious minors suffice.The Court rejected the argument that Lee had not taken a ?substantial step? toward committing the offense...continue to full post

Full post as published by Defense Newsletter Blog on April 19, 2010 (boomark / email).