In U.S. v. Rothenberg, No. 08-17106 (June 29, 2010), the Court affirmed the sentence of a defendant who pled guilty to using a computer to induce an individual under 18 to engage in criminal sexual activity, and to possessing child pornography.
The defendant argued that online chats in which he discussed with adults possible sexual acts with minors should not have been the basis for a sentence enhancement under the Guidelines. The Court found that “a sexually solicitous communication” could constitute a substantial step toward commission of an offense, and therefore qualified for the enhancement. “Rothenberg’s chats were specific instructions to adults with influence over young children; these graphic guides to sexual exploitation showed the adults both how, physically, to molest the children and how, emotionally, to persuade the children to comply with the abuse.”
