48 F.4th 494
7th Cir.2022Background:
- FBI created an undercover Craigslist "Missed Connections" ad targeting adults seeking minors; an agent posed as a 15-year-old girl, "Brionica."
- Jeffrey Jay York, a 51-year-old correctional officer, responded and exchanged over 70 sexually explicit messages with the undercover over four days.
- York requested a custom photo to verify identity, described explicit sexual acts, discussed meeting in a public place, and traveled to the meeting location where he was arrested.
- A grand jury indicted York for attempted enticement of a minor (18 U.S.C. § 2422(b)) and attempted use of interstate facilities to transmit information about a minor (18 U.S.C. § 2425).
- At trial York claimed he thought he was speaking with an adult and raised an entrapment defense; the jury convicted on both counts and the district court imposed concurrent sentences (120 months mandatory on § 2422(b)).
- On appeal York challenged sufficiency of the evidence and the rejection of entrapment; the Seventh Circuit affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency for attempted enticement under § 2422(b) (intent to persuade/entice) | Evidence (70+ messages, sexual requests, arranging meeting, custom photo) shows specific intent and substantial steps | York argued he did not need to "overcome" any unwillingness because Brionica was willing; thus no intent to "entice" as defined by Hite | Affirmed — jury could infer intent to entice from explicit messages, requests for assent, and steps toward meeting |
| Whether York believed the purported victim was under 18 | Gov't: agent repeatedly told York she was 15; York sought a proof photo, expressed fear of jail, and admitted post-arrest he was charged with trying to hook up with a 15-year-old | York testified he thought she was an adult (Craigslist users are adults; photo looked adult) | Affirmed — sufficient evidence for a reasonable jury to find York believed she was a minor |
| Sufficiency for attempted transmission under § 2425 | Evidence that York knowingly initiated interstate communications with a person he believed was 15, with intent to entice | York repeats challenge that he did not believe the person was a minor | Affirmed — same evidence supports § 2425 conviction |
| Entrapment affirmative defense | Gov't: agent initiated contact but did not use coercive or repeatedly manipulative tactics; York showed predisposition by initiating and continuing contact after age disclosure | York argued government induced the crime and he lacked predisposition | Affirmed — jury reasonably found no government inducement and that York was predisposed |
Key Cases Cited
- United States v. Coté, 504 F.3d 682 (7th Cir. 2007) (attempt requires specific intent and a substantial step)
- United States v. Berg, 640 F.3d 239 (7th Cir. 2011) (§ 2422(b) focuses on attempt to obtain a minor's assent)
- United States v. Hite, 769 F.3d 1154 (D.C. Cir. 2014) (interprets "entice/induce" as transforming or overcoming a minor's will)
- United States v. Zupnik, 989 F.3d 649 (8th Cir. 2021) (limits Hite to adult-intermediary cases)
- United States v. Dhingra, 371 F.3d 557 (9th Cir. 2004) (victim's willingness is irrelevant to § 2422(b))
- United States v. Peterson, 977 F.3d 381 (5th Cir. 2020) (rejects requirement that minor be "unwilling" until defendant's persuasion)
- United States v. Mayfield, 771 F.3d 417 (7th Cir. 2014) (entrapment requires inducement plus lack of predisposition)
- United States v. Hosler, 966 F.3d 690 (7th Cir. 2020) (reiterates that § 2422(b) targets attempts to obtain a minor's assent)