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Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 20 of 22 age—to travel with the requisite intent. 18 U.S.C. § 2422(a). Section 2423(a) requires only the transportation of a child with the requisite intent, 18 U.S.C. § 2423(a); it does not necessarily entail “the employment, use, persuasion, inducement, enticement, or coercion of a child” to do anything other than travel. Ifa defendant entices an adult to travel for the purpose of engaging in unlawful sexual activity, a § 2422(a) offense has been committed, but no sexual abuse of a child has occurred. If a defendant transports a minor with the intent (unbeknownst to the minor) that the minor will engage in sexual activity, no sexual activity occurs, and there is no “employment, use, persuasion, inducement, enticement, or coercion” to engage in sexual activity, a § 2423(a) offense has been committed, but no sexual abuse of a child has occurred. While the government cites several cases in which courts have found § 3283 applicable to particular statutes, it cites only one case in which either a § 2422(a) or § 2423(a) offense has been held to involve “sexual abuse” within the meaning of § 3283. In United States v. Vickers, No. 13 Cr. 128 (RJA) (HKS), 2014 WL 1838255 (W.D.N.Y. May 8, 2014), the court held that a § 2423(a) offense involved sexual abuse, but it did not hold that § 2423(a) necessarily entails sexual abuse; instead, the court used a fact-based approach. /d. at *11 (“defendant Vickers is charged with transportation of a minor in violation of [§ 2423(a)] and it is alleged that the defendant did have sexual contact with Victim I”) (emphasis added). No court has held that either the enticement of an individual to travel or the transportation of a minor necessarily entails “sexual abuse” within the meaning of § 3283. It does not. The government therefore cannot and should not prevail. 15 DOJ-OGR-00003672