United States v. Rutgerson, No. 14-15536 (11th Cir. 2016)Annotate this Case
Defendant was convicted of attempting to persuade, induce, entice, or coerce a minor into engaging in prostitution or unlawful sex, in violation of 18 U.S.C. 2422(b). Defendant's conviction stemmed from his response to a posting on an internet site frequented by prostitutes and their clients. Law enforcement, posing as a fifteen-year-old girl, offered to have sex with defendant for money and defendant accepted, arranged to meet, and was arrested after arriving at the meeting spot. The court concluded that there was sufficient evidence to convict defendant. The court held that, where an underage prostitute holds herself out as willing to engage in sex for money, the offer to pay that money qualifies as sufficient inducement under section 2422(b). The court also concluded that defendant is not entitled to relief based on the district court’s refusal to deliver a confusing and erroneous jury instruction requested by defendant or in its exclusion of particular evidence. Accordingly, the court affirmed the judgment.