Because 18 U.S.C. § 2422(b) criminalizes persuasion and the attempt to persuade, the government is not required to prove that the defendant completed or attempted to complete any specific chargeable offense. The government need only prove, and the jury unanimously agree, that the defendant attempted to persuade a minor to engage in sexual activity that would have been chargeable as a crime if it had been completed.
Because "the underlying Kentucky criminal offenses are not elements of the federal offense," the court reasoned, "[t]here is no requirement . . . that [the jury] had to unanimously agree on the specific type of unlawful sexual activity that [the defendant] would have engaged in."