United States v. Olvera, No. 11-10793 (5th Cir. 2012)
Annotate this CaseDefendant was indicted on one count of attempting to persuade, induce, or entice a child to engage in criminal sexual activity in violation of 18 U.S.C. 2422(b) and one count of receipt of child pornography. The indictment stemmed from an incident in which Defendant communicated with an adult whom he believed to be the father of an eleven-year-old child about engaging in sexual activity with the child. Defendant moved to dismiss the enticement count on the basis that he never communicated directly with a child or anyone he believed to be a child. Defendant then entered a conditional guilty plea to the enticement count. The Fifth Circuit Court of Appeals affirmed the district court's decision not to dismiss the enticement charge after noting that Defendant directed some of his intended inducements to the child and took actions directed toward obtaining the child's assent through an intermediary. The Court then held that an individual can violate the statute solely through communications with an adult whom he knows to be an adult, and the contact with the child need not be direct under the statute.
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