053387P.pdf   06/26/2006  United States  v.  Jan P. Helder, Jr.
   U.S. Court of Appeals Case No:  05-3387
   Western District of Missouri   
   [PUBLISHED] [Smith, Author, with Arnold, Circuit Judge and
   Magnuson, District Judge]
   Criminal Case - conviction. District court's grant of judgment of
   acquittal is reversed. Use of facility of interstate commerce to attempt to
   entice a minor to engage in illegal sexual activity does not require proof
   that the individual involved in the communication was actually under the
   age of 18. Attempt convictions may be upheld where the "enticed" minor
   is actually an undercover police officer. Evidence was sufficient to
   convict at attempted enticement of a minor, because defendant acted with
   kind of culpability and took substantial step toward commission of crime.