George Adrien Brooks v. United States
SocialSecurity Securities Immigration
Whether the required intent for attempted inducement under § 2422(b) is the intent to cause a minor to engage in sexual activity (as the Eleventh Circuit held in this case), or the intent to change a minor's mental state about engaging in sexual activity (as most other circuits have held)
question presented by this petition is about the required intent for this offense. This question has caused tension both within the Eleventh Circuit and among the other circuits. Most circuits recognize that the statute proscribes an intentional attempt to achieve a mental state in a minor — that is, a minor’s assent to engage in sexual activity. And these circuits have also said that the required intent is not the intent to engage in sex with a minor. On the other hand, however, the Fifth, Eighth, Ninth, and Eleventh Circuits have affirmed convictions based on only an intent to engage in sex with a minor. Thus, the question presented here is: Whether the required intent for attempted inducement under § 2422(b) is the intent to cause a minor to engage in sexual activity (as the Eleventh Circuit held in this case), or the intent to change a minor’s mental state about engaging in sexual activity (as most other circuits have held). This petition presents the Court with an ideal vehicle to resolve the tension among the circuits on this important issue. i