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Attempted Enticement of Child Upheld

By Shari Allison

U.S. v. Butters, 07-3172 (2/29/08) (unpub'd) - The defendant could be convicted of attempted enticement of a minor via the computer even though the person he was enticing was an adult agent. The involvement of a real minor is irrelevant. It was not irrational in violation of due process or cruel and unusual punishment to impose the same ten-year mandatory minimum sentence on the defendant as is imposed on people who entice real minors. "The absence of an actual child victim does not detract from the seriousness of the crime." [Not even just a little?]

Full post as published by Tenth Circuit Blog on March 04, 2008 (boomark / email).