People v. Moses (2020) 10 Cal.5th 893 held that to violate PC 236.1(c) based on an attempt, the defendant must intend to induce a minor to engage in a commercial sex act (at least when no actual minor victim is involved). But the target of that inducement need not be an actual minor. (The Court disapproved People v. Shields (2018) 23 Cal.App.5th 1242 to the extent it is inconsistent with the opinion in this case.)
However, the court did not decide whether a mistake of fact as to the victim’s age would be a defense when the defendant attempts, but fails, to induce an actual minor to engage in a commercial sex act:
We are not called upon here to determine the interplay between subdivision (f) and the specific intent required for the attempt prong of [PC] 236.1(c) when the defendant attempts, but fails, to induce an actual minor to engage in a commercial sex act. We offer no view on whether a mistake of fact as to the victim’s age would be a defense in that situation.
People v. Moses (2020) 10 Cal.5th 893, 909 fn. 10
