United States Seventh Circuit

Defendant's prior violation of Indiana Code section 35-42-4-9(b), which criminalizes certain sexual conduct involving a minor 14 or older, is not necessarily a crime of sexual "abuse" warranting an enhanced penalty for his violation of 18 U.S.C. section 2252. As a matter of federal law, sexual behavior is "abusive" only if it is similar to one of the crimes denominated as a form of "abuse" elsewhere in Title 18.

Appellate Information

• Argued 10/24/2008
• Decided 01/05/2009
• Published 01/05/2009

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and POSNER and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Steven D. Debrota, Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Juval O. Scott, Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.