Posted on 10/06/2006 8:59:05 PM PDT by conservative in nyc
Even if former Rep. Mark Foley did not violate federal laws in sexually explicit Internet communications with underage boys, he still could find himself charged under state statutes.
Federal law generally requires a person to meet a minor for sex or at the very least, to attempt to meet, for a crime to have been committed. However, under laws in some states where the Florida Republican communicated with children, an attempt to seduce the victim might be enough for a criminal case.
Federal prosecutors investigating Foley's lurid communications are examining whether Florida authorities might be better positioned to bring criminal charges against Foley, since the state threshold for determining if a crime has been committed is less stringent than federal law, according to a senior Justice Department official who spoke Friday on condition of anonymity.
Foley resigned abruptly last week amid reports he exchanged sexually suggestive communications with teenage boys who worked as pages on Capitol Hill. While his attorney, David Roth, says his client never engaged in sexual activity with a minor, that may not matter in certain states.
E-mails and instant messages released so far indicate Foley communicated with the boys in California and Louisiana, and may have initiated those contacts from Washington, D.C. and Florida. The boys in question were all at least 16 years old at the time of the communications.
Under state law in Florida, where the age of consent is 18, a crime may have been committed if Foley is simply found to have seduced or attempted to seduce a minor. However, a reading of the law is subjective, said JoAnn Carrin, spokeswoman for the state Attorney General's office.
In reference to the term "seduce," Carrin said, "That's open to interpretation."
She declined to elaborate on how Foley's communications may have violated state law.
Jeff Harris, president of the Florida Association of Criminal Defense Lawyers, said it may come down to interpretation of exactly what Foley's intent was.
"He may have just gone to the precipice of a cliff but not jumped, which means he didn't commit a crime," Harris said. "If he's encouraging a minor to commit a sex act, I think you've crossed a legal line. Any time your talking sexually with a minor on a computer, you're flirting with an arrest."
In Louisiana, a felony crime is committed if an adult engages in sexually explicit Internet communications with anyone under 17, said Mike Johnson, a special agent with the Louisiana Attorney General's Office.
"It just has to be sexual in nature," Johnson said.
Washington, D.C. law is a bit trickier.
It is not illegal for an adult to have sexual relations with a person at least 16 years old, so long as that person is not in a position of authority over the minor. However, it is still illegal to communicate any sexually related materials to a minor, such as magazines or any printed material, which could include Internet messages, said Jack King, spokesman for the National Association of Criminal Defense Lawyers.
"D.C. doesn't have any Internet related statutes regarding Internet related sexual conduct," King said.
In California, it is illegal to send sexually suggestive communications to a minor under 18, said Sandi Gibbons, a spokeswoman for the Los Angeles County District Attorney's Office.
However, Los Angeles criminal defense attorney Mark Geragos said cases are rarely prosecuted if the adult at least doesn't attempt to meet the child.
"Words alone generally are not going to be enough to prove a crime," Geragos said. "You'd have to have some act in furtherance of the lewd talk."
Loyola Law School professor Laurie Levenson added: "That's often why they don't go on these cases because it's hard to prove intent given that the Internet is a world of fantasy."
David Corn is going to out all the GAY Republican staffers!!!
WAKE UP!!! Tell us more so other freepers can help out even more! I didn't understand why it would envelope a former Dem member and an asst dist. atty.....are we on the wrong track with zeroing in on the Katsaros's and Soros??
Ping!!
bttt
check out post #22!!!!
I've heard that about David Corn's List. Do you know when and where it will be made public?
"take care and sleep with the shotgun inder the bed. ;)"
check
"I didn't understand why it would envelope a former Dem member and an asst dist. atty.....are we on the wrong track with zeroing in on the Katsaros's and Soros??"
I would not say that at all..look at how much relevant info freepers and bloggers have turned up already!! It is phenomenal! You guys have been getting to the immediate questions..like who are the actors, who knew and when, etc....that is important stuff. I just went in a different direction and turned up some disturbing info that may or may not have anything to do with this case, but when the American people find out about it....the normal ones are NOT GOING TO WANT TO VOTE FOR A DEMOCRAT FOR A VERY LONG TIME!!
Sometimes if we always shout 'SOROS' (even though he is involved) we start to sound like we blame everything on a left wing conspiracy(even though there is one). It just makes sense to go after the small and medium fish first. Often when they get hauled into a grand jury..they will spill the beans.
Thanks for the tip - hadn't seen it. All power to Penelope...
Tell us more....what names?? Just give us the former Dem. Cong. name.
Actually all but the names Corn has made public...he has told who they work for and at what positions. My guess is that he has caught HELL from GAYS for this so it will NOT be totally released. David Corn is VILE and should be FIRED from FOX!!
And just because something is disgusting doesn't necessarily make it illegal. I agree that we need all the facts investigated. Unfortunately, that's a rather long process and we live in an instant world.
I'm an amateur myself, but you may want to consult a computer geek to protect your computer.
You might also consider getting another computer for your use, and keeping this one off line until the business is settled, one way or another.
Just my reaction.
The distinction between being a proud gay and hitting on minor boys isn't necessarily all that clear to people in the gay community, as NAMBLA suggests.
It may be clear to us, and there may be a legal distinction, but they are working very hard to blur the legal distinctions, change the law, and get activist judges to throw such cases out on "constitutional" grounds.
see # 22 - bookmark
penelopesire, can you ping me/us when stuff breaks???
Ditto
• In 1983, then-Democratic Rep. Gerry Studds of Massachusetts was caught in a similar situation. In his case, Studds had sex with a male teenage page -- something Foley hasn't been charged with.
Did Studds express contrition? Resign? Quite the contrary. He rejected Congress' censure of him and continued to represent his district until his retirement in 1996.
• In 1989, Rep. Barney Frank, also of Massachusetts, admitted he'd lived with Steve Gobie, a male prostitute who ran a gay sex-for-hire ring out of Frank's apartment. Frank, it was later discovered, used his position to fix 33 parking tickets for Gobie.
What happened to Frank? The House voted 408-18 to reprimand him -- a slap on the wrist. Today he's an honored Democratic member of Congress, much in demand as a speaker and "conscience of the party."
• In 2001, President Clinton, who had his own intern problem, commuted the prison sentence of Illinois Rep. Mel Reynolds, who had sex with a 16-year-old campaign volunteer and pressured her to lie about it. (Reynolds also was convicted of campaign spending violations.)
http://www.investors.com/editorial/editorialcontent.asp?secid=1501&status=article&id=244680809798238
Whooooa May the Good Lord protect you!
Thanks for the ping, bitt. I sure want to follow this story as well!
Thanks bitt. Very interesting.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.