June 12, 2026·24-2087·Panel Decision·Kayatta·By James Taylor
The First Circuit affirmed the conviction of Dimitri McKenzie for attempted sex trafficking of a child, clarifying that the mens rea requirement is satisfied by either actual belief or reckless disregard regarding the victim's age, even when no actual minor is involved.
Dimitri McKenzie responded to an online advertisement for commercial sex with a minor named Bri. The advertisement was part of an undercover operation by Homeland Security Investigations. McKenzie agreed to pay for sex, traveled to a hotel, and was arrested by federal agents. He was convicted of attempted sex trafficking of a child.
The court’s reasoning
The court held that the mens rea element for attempted sex trafficking of a minor is satisfied if the defendant either believed or recklessly disregarded a substantial and unjustifiable risk that the person solicited was under the age of eighteen. The court found that the district court’s jury instructions correctly stated this standard.
What it means going forward
This decision clarifies that defendants can be convicted of attempted sex trafficking of a minor even when the victim is fictional, provided the defendant acted with the requisite mental state regarding the victim’s age.
