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Case 1:20-cr-00330-AJN Document 144 Filed 02/04/21 Page 22 of 25 U.S.C. § 3283. Counts One and Two arise under 18 U.S.C. § 2422(a), which, at the time of the alleged conduct, provided that a person could be charged with a criminal offense if she “knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.” 18 U.S.C. § 2422(a) (1996) (emphasis added). That statute criminalizes enticing “individual[s],” not necessarily children, to cross state lines to engage in sexual activities. In other words, the act that violates § 2422(a) does not necessarily entail the enticement of a child to travel, because the enticement of an individual of any age satisfies the statute. Further, § 2422(a) does not necessarily entail “sexual or physical abuse, or kidnaping.” 18 U.S.C. § 3283. A substantive § 2422(a) offense is complete when an individual is “nersuade[d], induce[d], entice[d], or coerce[d]” to travel to engage in unlawful sexual activity, and a conspiracy to commit such an offense is complete when an agreement to “persuade[], induce[], entice[], or coerce[]” an individual to engage in such travel is reached and a single overt act is committed in furtherance of the agreement. It is immaterial to either offense whether any unlawful sexual activity subsequently occurs. Moreover, the intended unlawful sexual activity required to establish a § 2422(a) offense need not involve “sexual or physical abuse, or kidnaping”; § 2422(a) is frequently, if not primarily, invoked in prosecutions involving the enticement of adults to travel to engage in prostitution, including on a voluntary basis. See, e.g., United States v. Rashkovski, 301 F.3d 1133, 1135-37 (9th Cir. 2002). For all of these reasons, Counts One and Two do not charge offenses involving the sexual or physical abuse or kidnapping of a child and thus are not subject to § 3283. 16 DOJ-OGR-00002670