United States v. Roman

Agent Seig posed as a father of an 11-year old girl, “Katie,” to respond to a Craigslist.org ad: “I want to be your daddy,” with images of male genitalia. Seig told Roman that he was “active” with his daughter. Roman indicated that he was interested. The men conversed, extensively, by text message, about sexual acts Roman wished to perform and about whether Katie would agree. Seig reassured Roman that was not “the law.” They planned to meet. Seig approached Roman’s vehicle and confirmed that Roman expected to engage in sexual acts with an 11-year old girl. Agents arrested him. Roman’s vehicle was searched. Agents seized Butterfinger candy (identified as Katie’s “fav”), a flower, gum, condoms, and personal lubricant. Roman entered a conditional guilty plea to attempting to use a facility of interstate commerce to knowingly persuade, induce, entice, or coerce a minor to engage in unlawful sexual activity, 18 U.S.C. 2422(b). The Sixth Circuit affirmed, rejecting Lowe’s argument that his conduct was not prohibited because he communicated with an adult intermediary and not a minor. While it is not sufficient to prove that a defendant intended to persuade an adult intermediary to cause a child to engage in sexual activity, the intent to persuade, induce, entice, or coerce a minor exists where the defendant seeks the minor’s assent. View "United States v. Roman" on Justia Law