Zachary S. Spiegel v. United States
SocialSecurity Securities Immigration
Does speech alone constitute the 'substantial step' for a charge of attempted enticement of a minor?
QUESTION PRESENTED FOR REVIEW Does speech alone (even obscene speech or “explicit sex talk”) constitute the “substantial step” for a charge of attempted enticement of a minor to engage in sexual activity in violation of 18 U.S.C. § 2422(b)? The Eleventh Circuit in this case said “yes” and sentenced the Petitioner to a mandatory ten-year prison sentence. On essentially the same set of facts, Judge Posner of the Seventh Circuit said “no” and entered as a matter of law a judgment of acquittal in favor of the defendant who was in the same position as the Petitioner. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii C.