A sentencing enhancement for using a computer to entice a minor into engaging in sexual conduct applies even where there was no sex trafficking online, a federal appeals court has ruled.

Addressing an issue of first impression, the U.S. Court of Appeals for the Second Circuit said the phrase “involved the use of a computer” in the sentencing guidelines applies to the initial contact by computer although the enticement to engage in illegal sexual conduct happens offline.

The decision came in United States v. Cramer, 14-761, where defendant Thomas Cramer pleaded guilty to four counts of sex trafficking of a minor in violation of 18 U.S.C. §1591(a)(1) and (b)(2) for contacting and soliciting sex from four minor girls, three of whom he initially contacted on the Internet.