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Code § 35-42-4-5(c), which makes it a Class D felony for “[a] person eighteen (18) years of age or older [to] knowingly or intentionally ․ touch[ ] or fondle[ ] the person's own body ․ in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy the sexual desires of the child or the older person․” Thus, the Government had to present sufficient evidence for the jury to find that Cochran attempted to persuade, induce, entice, and coerce “Ashley” to observe him fondling himself.Cochran contends that he did not entice “Ashley” to watch him, instead likening his conduct to the mere equivalent of someone touching themselves in front of an open window.During their first chat on July 31, Cochran exposed himself to “Ashley”.This was preceded by various forms of sexual innuendo on Cochran's part, including calling “Ashley” “sweet”, stating that it was so hot that “it even hot running round naked”, and that he liked to play “strip pool.” Later in the chat, after exposing and fondling himself in front of the webcam, Cochran asked “Ashley” if she “liked” what she saw.In reviewing the sufficiency of the evidence, this Court views the evidence in the light most favorable to the Government, and determines whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. He discusses two opinions at length-United States v.Carter, 410 F.3d 942, 952 (7th Cir.2005) (quoting United States v. Brand, 467 F.3d 179 (2d Cir.2006) and United States v.
Subsequent encounters between Cochran and “Ashley” were similar in nature.There is no reason, however, to find that these factors constitute a floor on what is required to satisfy the persuasion, inducement, enticement, or coercion element, especially when the underlying criminal sexual activity does not require a face-to-face meeting or physical contact.In this case, the underlying criminal sexual activity for which Cochran's conviction under § 2422(b) rested was a violation of Ind.Noting that other courts have emphasized that § 2422(b) criminalizes “the persuasion, inducement, enticement, or coercion of the minor rather than the sex act itself,” United States v.Murrell, 368 F.3d 1283, 1286 (11th Cir.2004); see also United States v.
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After Cochran was arrested, he waived his Miranda rights and made a post-arrest statement. The district court granted this motion as it related to the Government's charge under Indiana's child solicitation statute, but allowed the vicarious sexual gratification charge to go to the jury while taking the issue under advisement. Thomas, 410 F.3d 1235, 1245 (10th Cir.2005) (articulating the same four elements of the crime); United States v. On appeal, Cochran argues that the second element of this criminal statute was not proven by the Government.