An amendment numbered 5 printed in the Congressional Record to condemn the decision in United States v. Helder, Jr. and encourage the Department of Justice to appeal the decision so that it is overturned.

1. Adds SEC. 403. SENSE OF CONGRESS WITH RESPECT TO PROSECUTIONS UNDER SECTION 2422(B) OF TITLE 18, UNITED STATES CODE at the end of title IV

   Adds a section

   Inserted: SEC. 403. SENSE OF CONGRESS WITH RESPECT TO PROSECUTIONS UNDER SECTION 2422(B) OF TITLE 18, UNITED STATES CODE.

   Inserted: (a) Findings.--Congress finds that--

   Inserted: (1) a jury convicted Jan P. Helder, Jr., of using a computer to attempt to entice an individual who had not attained the age of 18 years to engage in unlawful sexual activity;

   Inserted: (2) during the trial, evidence showed that Jan Helder had engaged in an online chat with an individual posing as a minor, who unbeknownst to him, was an undercover law enforcement officer;

   Inserted: (3) notwithstanding, Dean Whipple, District Judge for the Western District of Missouri, acquitted Jan Helder, ruling that because he did not, in fact, communicate with a minor, he did not commit a crime;

   Inserted: (4) the 9th Circuit Court of Appeals, in United States v. Jeffrey Meek, specifically addressed the question facing Judge Whipple and concurred with the 5th and 11th Circuit Courts in finding that "an actual minor victim is not required for an attempt conviction under 18 U.S.C. Sec. 2422(b).";

   Inserted: (5) the Department of Justice has successfully used evidence obtained through undercover law enforcement to prosecute and convict perpetrators who attempted to solicit children on the Internet; and

   Inserted: (6) the Department of Justice states, "Online child pornography/child sexual exploitation is the most significant cyber crime problem confronting the FBI that involves crimes against children".

   Inserted: (b) Sense of Congress.--It is the sense of Congress that--

   Inserted: (1) it is a crime under section 2422(b) of title 18, United States Code, to use a facility of interstate commerce to attempt to entice an individual who has not attained the age of 18 years into unlawful sexual activity, even if the perpetrator incorrectly believes that the individual has not attained the age of 18 years;

   Inserted: (2) well-established caselaw has established that section 2422(b) of title 18, United States Code, criminalizes any attempt to entice a minor into unlawful sexual activity, even if the perpetrator incorrectly believes that the individual has not attained the age of 18 years;

   Inserted: (3) the Department of Justice should appeal Judge Whipple's decision in United States v. Helder, Jr. and aggressively continue to track down and prosecute sex offenders on the Internet; and

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   Inserted: (4) Judge Whipple's decision in United States v. Helder, Jr. should be overturned in light of the law as it is written, the intent of Congress, and well-established caselaw.

   Original wording

   At the end of title IV add the following:

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As printed