United States v. Mayer
2012 U.S. App. LEXIS 6050
8th Cir.2012Background
- Mayer befriended 14-year-old P.M. during 2007–2008 via an interactive internet game and began exchanging contact details.
- Between May and August 2008 Mayer sent P.M. about 3,800 text messages and explicit videos; P.M. sent about 3,900 messages with explicit content.
- They never met in person but engaged in repeated sexually explicit communications, including requests for and responses to explicit images.
- A grand jury indicted Mayer on three counts: sexual exploitation of a child, receipt of child pornography, and possession of child pornography; he pled guilty to the latter two.
- Count 1 alleged Mayer enticed a minor to engage in sexually explicit conduct to produce visual depictions; trial on this count proceeded.
- During trial Mayer challenged sufficiency of evidence and moved for acquittal/new trial; the district court denied both.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for enticement element | Mayer argues no proof he induced the conduct for depictions. | P.M. acted voluntarily; no causation shown by Mayer's acts. | Evidence sufficient; a reasonable jury could find Mayer enticed for depictions. |
| Voluntariness vs. causation | Voluntariness does not negate causation; enticement can precede or accompany voluntary conduct. | P.M. freely chose to send images; no enticement causally linked to depictions. | P.M.'s voluntariness does not defeat causation; jury could infer inducement. |
| Effect of the plea agreement stipulations | Stipulated facts support guilt; admissible as evidence of conduct. | Stipulations may be untrue or outside Mayer's personal knowledge; weight contested. | Even without stipulations, sufficient evidence supported guilt; admission proper and non-dispositive. |
Key Cases Cited
- United States v. Herbst, 666 F.3d 504 (8th Cir. 2012) (sufficiency review standard)
- United States v. Perez, 663 F.3d 387 (8th Cir. 2011) (credibility and corroboration principles)
- United States v. Jefferson, 652 F.3d 927 (8th Cir. 2011) (precedent on evidence weighing and enticement)
- United States v. Starr, 533 F.3d 985 (8th Cir. 2008) (enticing minors to send photos despite claimed voluntariness)
- United States v. Rayl, 270 F.3d 709 (8th Cir. 2001) (evidence for interstate production of depictions)
- United States v. Coutentos, 651 F.3d 809 (8th Cir. 2011) (elements of §2251(a) and (e) required proof)
- United States v. Quiroga, 554 F.3d 1150 (8th Cir. 2009) (admissibility of plea-related evidence)
- United States v. Campos, 306 F.3d 577 (8th Cir. 2002) (jury verdict standards and miscarriage of justice)
- United States v. Broxmeyer, 616 F.3d 120 (2d Cir. 2010) (but-for causation requirement in enticement cases; distinguishable from current facts)