United States v. Jockisch, No. 14-13577 (11th Cir. 2017)Annotate this Case
When a defendant has attempted to persuade a minor to engage in sexual activity that could potentially violate multiple criminal statutes, the jury is not required to unanimously agree as to which statute the defendant's completed conduct would have violated so long as the jury unanimously agrees that the sexual activity being encouraged would violate one of these statutes. The Eleventh Circuit affirmed defendant's conviction in this case, holding that the district court did not abuse its discretion by rejecting defendant's proposed jury instruction that the jury must unanimously agree as to which sex acts defendant would have attempted to persuade the minor girl to perform, had he not been interrupted by arresting officers and had there been a real girl. In this case, the jurors were necessarily unanimous that defendant could have been charged with second-degree sexual abuse.