Whether the crime of attempted enticing of a minor is committed when a person agrees to engage in consensual sexual activity with an adult that the person believes to be a minor when the plain reading of the statute requires the enticed person be a minor and the proposed sexual activity be a crime

QUESTION PRESENTED The plain language of the crime of attempted enticement or coercion, pursuant to 18 U.S.C § 2422(b), requires that a person under the age of 18 must be enticed to engage in sexual activity for which a person could be charged with a crime. However, federal agents sent Mr. Andrus a photograph an adult government agent and Andrus agreed to engage in consensual sexual activity with the adult agent. The question presented is whether the crime of attempted enticing of a minor is committed when a person agrees to engage in consensual sexual activity with an adult that the person believes to be a minor when the plain reading of the statute required the enticed person be a minor and the proposed sexual activity be a crime. i