Federal Enticement of a Minor Charges Under 18 U.S.C. 2422(b), Explained

At the time of this writing, federal law generally makes it a crime to use the mail, the internet, a phone, or any other means of interstate commerce to knowingly persuade, induce, entice, or coerce someone under 18, or attempt to do so, to engage in sexual activity that would be a crime. This offense is found in 18 U.S.C. 2422(b) and is commonly called federal enticement of a minor. Many of these cases come from the same kinds of online sting operations that lead to state charges, but they are prosecuted in federal court.

Attorney Ron Frey has practiced criminal defense since 2004 and is admitted in several federal district courts, including the Middle and Southern Districts of Florida. Drawing on his experience handling many internet and computer crime cases in federal and state court, he has found that these cases often turn on the full conversation, the device evidence, and exactly what the government can prove. Because federal law and sentencing rules in this area change, anyone facing this kind of charge should speak with an attorney about how the current law applies to their situation.

How Is a Federal Enticement Charge Different From a Florida Charge?

The same online conversation can sometimes lead to state charges, such as Florida solicitation or traveling to meet a minor, or to a federal charge under 2422(b). Which path a case takes generally depends on which agency ran the investigation, how the case was referred, and decisions made by prosecutors. Some sting operations involve both local and federal agents.

Federal cases tend to move differently from state cases. They are prosecuted by the U.S. Attorney’s Office, decided under federal rules, and sentenced under federal law, which in this area can include significant mandatory minimum sentences. For a closer look at the Florida side, see Solicitation, Traveling to Meet a Minor, and Human Trafficking Charges in Florida, Explained. Because the choice between state and federal court can shape the entire case, it is an important issue to discuss with an attorney early.

What If the “Minor” Was Actually an Undercover Agent?

In many federal enticement cases, no real child was involved. An undercover agent or task force officer posed as a minor, or sometimes as a parent, online. Federal courts have generally held that 2422(b) can apply to an attempt even when the other person was an adult posing as a minor, so the absence of a real child does not, by itself, end a case.

That does not end the analysis. What the person actually believed, who raised the subject of age, how the conversation developed, and whether the messages show the intent the government alleges are all questions that can matter. Entrapment is also an issue we look at very closely in these cases. Although it is often misunderstood, it is a potential defense, and depending on the details of the investigation and the communications, it is always worth exploring as part of any approach.

How Are Federal Enticement Cases Approached?

Every case is different, but drawing on his experience handling many of these cases, Attorney Ron Frey generally looks closely at:

• The full conversation. Every message, in order and in context, rather than excerpts quoted in a complaint or affidavit.
• The device and account evidence. Whether the devices and accounts can actually be tied to the person charged, and how the data was collected and searched.
• What the person believed and intended. How age came up and whether the record supports the intent the government alleges.
• Entrapment and investigative tactics. How the operation was run and who pushed the conversation in which direction.
• The person’s background. Many people charged in these cases have never been arrested before, and that history can matter. Our guide to a first-offense internet crime charge explains more.

These are fact questions, and the answers depend on the specific evidence in each case.

What Should Someone Do After Contact From Federal Agents?

Federal investigations sometimes begin with a knock on the door, a search warrant, or an arrest at a planned meeting place. Attorney Ron Frey generally advises that anyone contacted by federal agents in connection with an online investigation exercise the right to remain silent and contact an attorney before making any statements. That caution generally extends to messages to friends and family, social media, recorded jail calls, and AI chatbots, since those statements may be obtained later.

If agents seized devices, our post on what to do if police seized your computer or phone explains how that process generally works. If you received a letter saying you are the subject of a federal investigation, our guide to a federal target letter may also help.

Why Talk With an Attorney About the Details?

A website can only offer a general picture. Federal law in this area is fluid: statutes are amended, courts issue new decisions, sentencing rules change, and the way prosecutors handle these cases shifts over time. What was accurate when this page was written may not be accurate when you read it, so it is important to discuss the details of any specific situation with an attorney at the time it arises.

Talk With Attorney Ron Frey About a Federal Enticement Charge

If you or someone close to you is facing a federal enticement charge under 18 U.S.C. 2422(b), or is under federal investigation, contact Attorney Ron Frey of The Frey Law Firm, LLC to discuss the situation. You can also read more about online solicitation charges.

This page is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Laws change, and how they apply depends on the facts of each case.