Page 26 - PCPA Winter 2025 Bulletin Magazine

PA CHIEFS OF POLICE ASSOCIATION
CHRIS BOYLE'S LEGAL UPDATE:
UNITED STATES V. RONK, 2025 U.S. DIST. LEXIS 214309
2422(b) conviction based on attempt, the government
must prove beyond a reasonable doubt that the defendant
subjectively believed that he was sexually coercing an
individual under the age of 18. See Pawlowski, 682 F.3d at
211. Under the law of this circuit, Section 2422(b) permits
a conviction based solely on a defendant’s [*44] belief
that the victim was a minor when she was really a law
enforcement decoy. Id.
For purposes of 18 U.S.C. § 2260A, such Section 2422(b)
“offenses ‘involve a minor’ even though the target may not
be an actual minor.” See Christopher, 148 F.4th at 895.
Consequently, the Sixth, Seventh, and Eleventh Circuits
have concluded that 18 U.S.C. § 2260A “encompasses
a defendant’s [Section] 2422(b) violation of attempting
to entice into criminal sexual activity a law enforcement
agent whom the defendant believes to be a minor.” Id,
(citing Slaughter, 708 F.3d at 1215; Fortner, 943 F.3d at
1009).
Continuing onto the alleged violation of 18 U.S.C. § 2423(b)
in Count 3, that subsection provides that:
A person who travels in interstate commerce...
with intent to engage in any illicit sexual conduct
with another person shall be fined under this title or
imprisoned not more than 30 years, or both.
18 U.S.C. § 2423(b).
In this statute, “illicit sexual conduct” means, in relevant
part, “a sexual act ...with a person under 18 years of age
that would be in violation of chapter 109A if the sexual act
occurred in the special maritime and territorial jurisdiction
of the United States.” 18 U.S.C. § 2423(g). And like Section
2422(b) discussed above, attempted interstate travel with
intent to engage in illicit sexual conduct is punishable in
the same manner as a completed violation of the statute.
18 U.S.C. § 2423(f).
Based on the text of the Section 2423(b), [*45] if a
defendant travels in interstate commerce with the specific
intent to engage in sex acts with a minor, the crime is
complete, regardless of whether there was an actual minor
involved, or the defendant only believed the individual was
a minor. See United States v. Pendleton, 658 F.3d 299,
304 (3d Cir. 2011); Tykarsky, 446 F.3d at 469; see also
United States v. Hicks, 457 F.3d 838, 841 (8th Cir. 2006)
(“a defendant may be convicted of violating § 2423(b) if he
or she travels in interstate commerce with the purpose of
engaging in criminal sexual conduct with a person believed
to be a minor regardless of whether such person is actually
a minor.”).
Consequently, there is nothing in Section 2423 to suggest
that the enhancement in 18 U.S.C. § 2260A should be
limited to crimes involving an actual minor. Rather, the
predicate offense charged calls for a broad plain meaning
of the word “involving” in the phrase “involving a minor.”
There is one last underlying offense to consider in this
matter, the alleged violation of 18 U.S.C. § 1470 in Count
2. This statute provides, in pertinent part:
Whoever, using the... means of interstate or foreign
commerce, knowingly transfers obscene matter to
another individual who has not attained the age of
16 years, knowing that such other individual has not
attained the age of 16 years, or attempts to do so,
shall be fined under this title, imprisoned [*46] not
more than 10 years, or both.
18 U.S.C. § 1470 (emphasis added).
Although an obscenity statute targeting a different actus
reus, Section 1470 reads quite a bit like the enticement
statute at 18 U.S.C. 2422(b) with respect to attempt. Again,
the enticement statute provides:
Whoever, using the... means of interstate or foreign
commerce... knowingly persuades, induces, entices,
or coerces any individual who has not attained the age
of 18 years, to engage in prostitution or any sexual
activity for which any person can be charged with a
criminal offense, or attempts to do so, shall be fined
under this title and imprisoned not less than 10 years
or for life.
18 U.S.C. § 2422(b) (emphasis added).
Consequently, other federal appellate courts have
concluded that no actual minor victim (under age 16) is
required for a conviction of attempt to knowingly transfer
obscene matter to a minor under Section 1470, applying
cases determining that no actual minor victim (under age
18) was required for attempted enticement under 18 U.S.C.
2422(b). United States v. Rudzavice, 586 F.3d 310, 314 &
n.10 (5th Cir. 2009) (discussing United States v. Farner,
251 F.3d 510, 511-13 (5th Cir. 2001)); United States v.
Spurlock, 495 F.3d 1011, 1013 (8th Cir. 2007) (citing United
States v. Helder, 452 F.3d 751 (8th Cir. 2006)); see also
United States v. Norrell, 437 F. App’x 881, 883 (11th Cir.
2011) (non-precedential). These cases are persuasive.
A conviction under the attempt provision of Section 1470
does not require the involvement of an actual minor under
age 16 — more reason to read “involving a minor” broadly
in 18 U.S.C. § 2260A.
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