Description: Albany, New York criminal defense lawyer represented defendant charged with attempted online enticement of a minor.

As part of his guilty plea, Warner admitted that between about October 2020 and January 15, 2021, he exchanged electronic messages, via text and through a social networking platform, with someone he believed to be the mother of an 11-year-old girl. In those messages, Warner expressed an interest in meeting the minor girl and in engaging in sexual acts with her. He also communicated by telephone with someone he believed to be the girl’s mother. On January 15, 2021, Warner drove from Newark to a pre-determined location in Watervliet, New York, to meet and engage in sexual acts with the minor. He brought with him condoms, stuffed animals and two sex-related devices to give to the girl as gifts. Warner was then encountered by law enforcement and arrested.

United States District Judge Mae A. D’Agostino also imposed a 15-year term of supervised release to follow the term of incarceration.

This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police and the Colonie Police Department, and the Watervliet Police Department. The case was prosecuted by Assistant U.S. Attorney Rick Belliss.

18:2422(b)ATTEMPTED COERCION AND ENTICEMENT OF A MINOR
(1)

(a) Whoever 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, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.

Outcome: The defendant is sentenced on Count 1 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 120 months - the Court recommends to the BOP that the defendant participate in Sex Offender Treatment while incarcerated, and that the defendant be placed in a facility as close to Sacramento, CA as possible; 15 years Supervised Release to follow, with standard and special conditions - including sex offender specific conditions, computer restrictions (CIMP Exhibit filed as Court Exhibit no. 1), mental health treatment; No Fine; No additional special assessment; $100.00 Special Assessment; Forfeiture pursuant to the preliminary order of forfeiture.

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Defendant's Experts:

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