Byron Montijo-Maysonet v. United States

The enticement of minors over the internet is criminalized under 18 U.S.C. § 2422(b). The First Circuit upheld the § 2422(b) conviction below based on nonsexual messages between petitioner and a minor after they first met in person. The message arranged a second in-person meeting when the two had sex. Is § 2422(b)’s internet-based enticement element satisfied when two people who already know each other have sex after exchanging non-specific, non-sexual text messages to arrange their meeting?

Under 18 U.S.C. § 2423(a), if an adult transports a minor for criminal sexual activity, it is not a federal crime in a U.S. state unless a state border is crossed. In contrast, within Puerto Rico and some U.S. territories, the same conduct is criminalized under § 2423(a). While this Court has applied rational basis review to civil laws discriminating against Puerto Rico residents, the standard remains at issue in United States v. Vaello– Madero and has not been extended to criminal laws. Does § 2423(a) violate the equal protection component of the Due Process Clause of the Fifth Amendment and the Commerce Clause? -i-