United States v. Zachary Wolff
2015 U.S. App. LEXIS 14021
| 8th Cir. | 2015Background
- In Nov. 2013 Zachary Wolff (age 21) answered an online ad; an undercover detective posed as a seller offering a 14- and 16-year-old. Wolff negotiated and agreed to pay for sexual acts, requested a photo (was sent an adult posing as a 16-year-old), and arrived at a hotel with $200 and condoms. He was arrested.
- The government originally indicted Wolff under 18 U.S.C. §§ 1591(a) and 1594(a) for attempted sex trafficking of a minor (he allegedly believed the person was 16).
- Wolff moved to dismiss, arguing §1591/§1594 attempt requires an actual minor victim (an undercover officer posing as a minor cannot satisfy the statute). The district court denied the motion and refused Wolff’s requested jury instruction requiring a live minor.
- Wolff entered a conditional guilty plea to a separate §2422(a) information, reserving the right to appeal the denial of his motion to dismiss and related evidentiary rulings. He received a downward variance sentence (24 months).
- On appeal the sole legal question considered was whether an attempt under §§1591/1594 requires proof that the defendant targeted an actual minor. The Eighth Circuit affirmed, holding an actual minor is not required for the attempt offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an attempt to commit sex trafficking of a minor under §§1591/1594 requires an actual minor victim | Wolff: attempt requires an actual minor; undercover officer posing as minor cannot satisfy statutory element | Government: attempt focuses on defendant's intent and substantial steps; belief a person is a minor suffices even if the person is an undercover officer | Court: Held no actual minor required for attempt; defendant's subjective intent and substantial steps suffice |
Key Cases Cited
- United States v. Helder, 452 F.3d 751 (8th Cir. 2006) (attempt to entice a minor requires defendant’s subjective intent; actual minor not required)
- United States v. Meek, 366 F.3d 705 (9th Cir. 2004) (knowledge element refers to defendant’s subjective belief)
- United States v. Slaughter, 708 F.3d 1208 (11th Cir. 2013) (belief that undercover was a minor supports attempt conviction under §2422)
- United States v. Hicks, 457 F.3d 838 (8th Cir. 2006) (interstate travel with purpose to engage in sexual conduct with someone believed to be a minor supports conviction regardless of actual age)
- United States v. Kelly, 510 F.3d 433 (4th Cir. 2007) (purpose of travel, not presence of an actual minor, controls conviction under §2423)
- United States v. Sims, 428 F.3d 945 (10th Cir. 2005) (defense that defendant was mistaken about the age of the person is not available in enticement/exploitation context)
- United States v. Jungers, 702 F.3d 1066 (8th Cir. 2013) (§1591 applies to purchasers of commercial sex who violate statute terms)
- United States v. Young, 613 F.3d 735 (8th Cir. 2010) (elements of attempt include intent and a substantial step toward commission)