Criminal Law—First Circuit Denies Double-Intent Requirement for Internet Enticement of Minors—United States v. Dwinells, 508 F.3d 63 (1st Cir. 2007), cert. denied, 128 S. Ct. 2961 (2008)

First Circuit Review 2009

Since the advent of the Internet, Congress, law enforcement officials, and the public have tried to protect children from online sexual predators.  In 1996, Congress amended the Telecommunications Act, criminalizing the enticement of minors for sexual activity over the Internet.  In United States v. Dwinells, the United States Court of Appeals for the First Circuit, as a matter of first impression, considered whether section 2422(b) required a double-intent element:  that is, whether the defendant had to possess not only the intent to entice a minor to engage in sexual activity, but also the intent that sexual activity occur.  The First Circuit, joining with all other circuits that have decided this issue, upheld the conviction by interpreting the statute to require only the intent to entice. . . .