· 7/23/2004
United States v. Rakesh Dhingra
Citations
- 371 F.3d 557
- 2004 WL 1243995
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the “plain language” of the same phrase “any sexual activity for which any person can be charged,” in § 2422(b
- noting that, where a “statute regulates conduct, not speech, it is inappropriate to bootstrap our First Amendment jurisprudence into the context of criminal sexual contact”
- observing that a family planning provider could not be prosecuted under § 2422(b) unless it knew that it was persuading minors to engage in illicit sexual conduct
- comparing Section 2422(b)’s “any person can be charged” element with the local standards requirement of obscenity prosecutions
- rejecting First and Tenth Amendment challenges to the use of state and local law to define criminal sexual activity
- observing that, where sexual offenses involving a minor are concerned, the minor’s “willingness to engage in sexual activity is irrelevant, in much the same way that a minor’s consent to sexual activity does not mitigate the offense of statutory rape or child molestation”
Source: CourtListener parenthetical corpus (CC0).
Judges: MMcKEOWN, McKEOWN, Noonan, Wallace
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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