Whether defining 'induce' to mean 'to cause,' without further instructing on what must be caused, leaves defendants vulnerable to being convicted for conduct that is not criminal under the statute

QUESTION PRESENTED It is a crime for a person to induce or attempt to induce a minor to engage in illegal sexual activity. 18 U.S.C. § 2422(b). The statute criminalizes the attempt to achieve a mental state — the assent of a minor to engage in sexual activity. The statute does not punish or proscribe any actual or attempted sexual activity with a minor. The Eleventh Circuit, though, has approved jury instructions, like the one given below, that define “induce” to mean “to cause,” without the necessity of instructing on what must be caused, and has further incorporated that definition into its pattern jury instructions. As a result, a person accused of violating § 2422(b) can be convicted for “attempting .. . to cause .. . a minor to engage in sexual activity,” without any requirement that the accused attempt to achieve the assent of the minor. The question presented is whether defining “induce” to mean “‘to cause,” without further instructing on what must be caused, leaves defendants vulnerable to being convicted for conduct that is not criminal under the statute. i