| From: | Villafana, Ann Marie C.(USAFLS) |
| Sent: | Monday, April 23, 2007 7:56 PM |
| To: | Schultz, Anne(USAFLS) |
| Cc: | Yera, E.J.(USAFLS) |
| Subject: | RE: Eleventh Circuit Pattern Jury Instructions |
Hi Annie -- The current version of the jury instruction for violating 18 USC 2422(b) (Offense Instruction 80) is currently drafted for the charge of ATTEMPTED enticement of a minor. Because attempt is a specific intent crime, an attempt requires that the defendant specifically intend to entice someone under 18, and the current pattern instruction includes a willfulness requirement. For the completed offense, however, the defendant only needs to knowingly use a computer to entice someone, and then the government has to prove that the person actually is under 18. The current pattern jury instruction also does not discuss enticement into prostitution.
So, the instruction for a completed offense should read:
First: That the Defendant knowingly used [the mail] [a computer] [describe other interstate facility as alleged in indictment] to persuade, induce, entice, or coerce an individual to engage in [prostitution] [sexual activity], as charged;
Second: That the individual whom the defendant enticed was less than eighteen (18) years of age at the time of the charged offense;
And [for cases not involving enticement into prostitution]
Third: That the Defendant and the individual engaged in sexual activity for which the Defendant could have been charged with a criminal offense under the law of [identify the state].
EJ and I have gone through all the cases on this for an upcoming indictment, so getting the 11th Circuit's attention would be wonderful. If you want the analysis, please let me know.
Thanks.
A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov