Criminal – Defendant convicted of attempted sexual exploitation of a child

Where the defendant attempted to persuade or induce a person he believed to be 14 years old to take part in sexually explicit conduct, for the purpose of producing a visual depiction of that conduct, he was convicted of attempted sexual exploitation of a child.

Background

This matter came before the court for bench trial on the government’s charges against Mario Alexander Bonilla Canales of: (1) attempted coercion and enticement of a minor (Count One); (2) attempted sexual exploitation of a child (Count Two) and (3) illegal reentry after removal subsequent to a felony conviction (Count Three).

Count One

The government had to prove: (1) defendant used a facility or means of interstate commerce (2) to knowingly persuade, induce, entice or coerce or attempt to persuade, induce, entice or coerce (3) an individual who defendant believed to be a person under 18 years of age (4) to engage in an illegal sexual activity.

First, courts have recognized that using Facebook Messenger satisfies this element. Courts similarly recognize that using a cellular telephone to send text messages is sufficient to establish use of a facility of interstate commerce. This element is thus satisfied.

The court further finds beyond a reasonable doubt that, in sending those Facebook and text messages, defendant knowingly attempted to persuade, induce, entice or coerce Mendez – an individual whom he believed to be 14 years old. Defendant initiated the conversation with Mendez; asked to exchange phone numbers; solicited photographs from Mendez and continued to do so after she refused and proposed that Mendez be his girlfriend and further instigated their sexual communications.

Third, the court finds beyond a reasonable doubt that defendant believed he was communicating with a 14-year-old girl by the name of Estefany Mendez. Indeed, Mendez specifically told defendant, “I’m only 14 years old,” and, when asked whether that bothered him, defendant said, “No sweetie.” Their conversations also indicate that defendant believed he was speaking to a minor.

Fourth, although the court has not recited every text exchange between Mendez and defendant here, the vast majority of the communications between the two pertain to meeting in person to engage in sexual conduct. Finally, the court finds beyond a reasonable doubt that defendant’s messages and his act of appearing at the designated location for his rendezvous with Mendez with condoms demonstrate a substantial step and the requisite culpability.

Count Two

The government must prove beyond a reasonable doubt: (1) that the victim was less than 18 years old; (2) that defendant used, employed, persuaded, induced, enticed or coerced the minor to take part in sexually explicit conduct for the purpose of producing a visual depiction of that conduct or for the purpose of transmitting a live visual depiction of that conduct and (3) that defendant knew or had reason to know that such visual depiction would be or had been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce.

Again, the court finds beyond a reasonable doubt that defendant believed that Estefany Mendez was an individual less than 18 years old. The court also finds beyond a reasonable doubt that defendant attempted to persuade and induce Mendez into taking part in sexually explicit conduct for the purpose of producing a visual depiction of that conduct.

Although Mendez did not succumb to defendant’s repeated requests for lascivious photos of her genitals, defendant nonetheless attempted to induce and persuade her into sending them. Defendant’s multiple attempts to get Mendez to send him a photo despite her telling him no constitutes persuasion under the relevant statute.

Given the sexual context of their communications and defendant’s incessant requests for explicit photos over the span of only a few days, this court finds beyond a reasonable doubt that defendant attempted to persuade or induce Mendez to take part in sexually explicit conduct-specifically the lascivious exhibition of her genitals – for the purpose of producing a visual depiction of that conduct.

Because these communications occurred over text messaging, this court finds beyond a reasonable doubt that defendant used a facility of interstate commerce and intended that any such photographs created in response to his inducement, persuasions, and enticements would be transmitted via that facility of interstate commerce The court further finds that defendant’s actions reflect a substantial step with the requisite culpability. Defendant is therefore guilty of Count Two.

Count Three

The government needed to prove: (1) that defendant was an alien at the time of the offense alleged; (2) that defendant was previously removed from the United States; (3) that defendant was found in the United States and (4) that defendant failed to secure the express permission of the Attorney General or the Secretary of the Department of Homeland Security to apply for readmission to the United States. The court finds that the government proved each of these elements beyond a reasonable doubt.

United States v. Canales, Case No. 1:26-cr-4, June 17, 2026. EDVA at Alexandria (Alston). VLW 026-3-262. 25 pp.

Full-Text Opinion
VLW 026-3-262