Byron Montijo-Maysonet v. United States
DueProcess FifthAmendment
Is 18 U.S.C. § 2422(b)'s internet-based enticement element satisfied when two people who already know each other have sex after exchanging non-specific, non-sexual text messages to arrange their meeting?
QUESTIONS PRESENTED FOR REVIEW 1. The enticement of minors over the internet is criminalized under 18 U.S.C. § 2422(b). The First Circuit upheld the § 2422(b) conviction below based on nonsexual messages between petitioner and a minor after they first met in person. The message arranged a second in-person meeting when the two had sex. Is § 2422(b)’s internet-based enticement element satisfied when two people who already know each other have sex after exchanging non-specific, non-sexual text messages to arrange their meeting? 2. Under 18 U.S.C. § 2423(a), if an adult transports a minor for criminal sexual activity, it is not a federal crime in a U.S. state unless a state border is crossed. In contrast, within Puerto Rico and some U.S. territories, the same conduct is criminalized under § 2423(a). While this Court has applied rational basis review to civil laws discriminating against Puerto Rico residents, the standard remains at issue in United States v. Vaello-— Madero and has not been extended to criminal laws. Does § 2423(a) violate the equal protection component of the Due Process Clause of the Fifth Amendment and the Commerce Clause? -i