Enticing a Minor to Engage in Sexual Activity Qualifies as Violence

In United States v. Thomas Patrick Keelan, No. 13– 11878, the 11^th Circuit Court upheld an appeal from the United States District Court for the Southern District of Florida. The defendant was convicted of enticing a minor to engage in sexual activity in violation of 18 U.S.C. § 2422(b). The district court ordered restitution paid under the Mandatory Victims Restitution Act 18 U.S.C. § 3663A. The defendant later appealed “because (1) 18 U.S.C. § 2422(b) is not a “crime of violence” as defined in 18 U.S.C. § 16(b); (2) the victim did not suffer a bodily injury; (3) a victim cannot recover mental health treatment expenses for a physical injury; and (4) Keelan’s criminal offense did not proximately cause the victim’s treatment expenses (United States v. Keelan, No. 13-11878 ,11th Cir. 2015).”

The 11^th Circuit found that under 18 U.S.C. § 16(b), the enticing a minor conviction qualified as an act of violence, citing seven other precedents from other circuits. Specifically, the Court held that in cases involving sex crimes against minors, there is a substantial risk that physical force will be used to ensure the child’s compliance with an adult’s sexual demands.

The Court found that the defendant had forfeited his right to seek review of the lack of evidence regarding “bodily injury” because he had failed to object to this during previous hearings and had not shown plain error or manifest injustice.

The Court concluded that the victim in this case did indeed suffer a bodily injury as a result of this crime of violence, and because this bodily injury was the proximate cause of the victim’s losses for medical expenses, the district court did not err in ordering restitution under the MVRA.

For the full text of the decision, click here.