In U.S. v. Yost, No. 06-10911 (Feb. 26, 2007), the Court affirmed the conviction of a defendant convicted of attempt to use the Internet to entice a minor to engage in criminal sexual activity, in violation of 18 U.S.C. § 2422(b), rejected Yost’s arguments that the evidence was insufficient to convict.
The Court found that Yost satisfied the intent element of the attempt offense when he initiated contact with two (undercover agents posing as) underage girls, was told they were under-age, and repeatedly ask them to engage in oral sex.
The Court further found that Yost satisfied the "substantial step" element of the offense when he engaged in conduct which strongly corroborates the required culpability. Here, even though Yost never arrived at the agreed meeting place, he "crossed the line" when he made arrangements to meet, and took steps enticing the minors to engage in criminal sexual activity.
