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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.