United States v. Waqar, No. 19-4138 (2d Cir. 2021)
Annotate this CaseThe Second Circuit affirmed defendant's conviction of one count of attempted child enticement in violation of 18 U.S.C. 2422(b). The court rejected defendant's contention that the district court committed reversible error by failing to instruct the jury that it could not convict him unless the evidence showed that he attempted to transform or overcome the will of his intended victim. Rather, the court held that section 2422(b) imposes no requirement that an individual endeavor to "transform or overcome" the will of his intended victim. Although the court did not undertake to require any specific formulation for jury instructions in section 2422(b) cases, the court repeated its prior observation that the statutory verbs are ones of common usage; in most cases, it will suffice to instruct jurors to apply the plain and ordinary meanings of those words, as the district court instructed the jury to do in this case.
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