United States Ninth Circuit

The attempt provision of 18 U.S.C. section 2422(b) criminalizes the solicitation of an adult believed to be a minor. Because it requires proof of the defendant's belief that a minor is the target of the unlawful sexual activity, the statute is not overbroad under the First Amendment when applied to situations involving an actual adult.

Appellate Information

• Argued 01/12/2004
• Decided 04/19/2004
• Published 04/19/2004

Judges

• McKEOWN, Circuit Judge:, Before: WALLACE, NOONAN, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul B. Meltzer, Santa Cruz, CA, Tim Brosnan, Oakland, CA, for the appellant.


• For Appellees:
  
• Kevin V. Ryan, United States Attorney, Hannah Horsley, Assistant United States Attorney, and Kimberly M. Briggs, Assistant United States Attorney, Oakland, CA, for the appellee.