Whether a conviction under state statutes criminalizing consensual sex between a 21-year-old and a 17-year-old constitutes a predicate offense for federal sentencing enhancements

QUESTION PRESENTED Under federal law, the Model Penal Code, and the laws of 39 states and the District of Columbia, consensual sex between a 21-year-old and a 17-yearold is legal. In 11 states, such conduct is criminalized. The question presented is whether, under the categorical approach, a conviction under one of those 11 states’ statutes “relatles] to... abusive sexual conduct involving a minor” and thus serves as a predicate for the sentencing enhancements in Sections 2252 and 2252A of title 18 of the U.S. Code.