As the subsequent caselaw discussed the willingness to assist if necessary in terms of the intent that the crime be committed, there was not a realistic probability that courts would convict under the statute without intent as an element -- the offense is therefore categorically a predicate offense under the sentencing law.
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.