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Foley could face state charges if federal case is weak
AP via Bradenton Herald ^ | 10/6/06 | BRIAN SKOLOFF

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."


TOPICS: News/Current Events
KEYWORDS: crist; foley; foleygate; law
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To: RedRover

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!!


51 posted on 10/07/2006 7:19:35 AM PDT by Suzy Quzy ("When Cabals Go Kabooms"....upcoming book on Mary McCarthy's Coup-Plotters.)
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To: conservative in nyc
"Just because something is legal doesn't necessarily make it right."

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.

52 posted on 10/07/2006 7:28:10 AM PDT by VRWCtaz ("Society is produced by our wants, and government by our wickedness." - Thomas Paine)
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To: penelopesire


53 posted on 10/07/2006 8:02:48 AM PDT by TwoSue
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To: penelopesire
Folks, there are files disappearing from my computer now

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.

54 posted on 10/07/2006 8:04:06 AM PDT by Cicero (Marcus Tullius)
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To: ER Doc

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.


55 posted on 10/07/2006 8:07:59 AM PDT by Cicero (Marcus Tullius)
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To: penelopesire; potlatch; ntnychik; Smartass; Boazo; Alamo-Girl; PhilDragoo; ...

see # 22 - bookmark


penelopesire, can you ping me/us when stuff breaks???


56 posted on 10/07/2006 9:14:04 AM PDT by bitt ("And an angel still rides in the whirlwind and directs this storm.")
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To: bitt

Ditto


57 posted on 10/07/2006 9:18:45 AM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: bitt


• 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


58 posted on 10/07/2006 9:35:32 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: bitt; penelopesire; potlatch; ntnychik; Smartass; Boazo; Alamo-Girl
penelopesire, can you ping me/us when stuff breaks???

Whooooa May the Good Lord protect you!

Thanks for the ping, bitt.  I sure want to follow this story as well!

59 posted on 10/07/2006 9:46:32 AM PDT by SheLion ("If you're legal, you can fly with the Eagle!" - Michael Anthony)
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To: bitt

Thanks bitt. Very interesting.


60 posted on 10/07/2006 9:58:49 AM PDT by melt (Someday, they'll wish their Jihad... Jihadn't.)
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To: penelopesire
ok glad that you made it it alright last night. :)
get someone to look at your computer situation.

If you're not behind a router right now go get one.

something like this
or the DI-624 model is cheaper like $50something.

www.majorgeeks.com download zone alarm firewall(its free and effective)

61 posted on 10/07/2006 10:20:38 AM PDT by Echo Talon
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To: Sacajaweau
All these "so called" biys are computer savvy. And yet, they didn't know where the "Off" button was. These dudes were "responding".

Ask the question: If YOU got an IM asking intimate questions, would you respond? Of course not.

exactly, and these are supposed to be "smart" kids? hmmm

62 posted on 10/07/2006 10:25:10 AM PDT by Echo Talon
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To: End_Clintonism_Now; potlatch; Echo Talon

63 posted on 10/07/2006 11:22:07 AM PDT by Boazo (From the mind of BOAZO)
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To: Boazo

awww man!


64 posted on 10/07/2006 11:24:27 AM PDT by Echo Talon
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To: bitt; devolve; penelopesire

Whew! Thanks for the ping to #22 bitt.


65 posted on 10/07/2006 11:53:51 AM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: SheLion

Yes, very interesting info. Thanks for pinging also.


66 posted on 10/07/2006 11:57:00 AM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: penelopesire

If you have something that can turn this election, you need to get it out to the public now. It takes a good 3-4 weeks for the electorate to absorb news that would change votes (not to mention that most of us have gotten our absentee ballots already).

So if you have a blog, get it out there now. If you don't have a blog, get it into someone's blog now.



67 posted on 10/07/2006 1:08:51 PM PDT by bnelson44 (Proud parent of a tanker! (Charlie Mike, son))
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To: penelopesire

Please stay safe and keep us updated!


68 posted on 10/07/2006 1:09:07 PM PDT by Angelas
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To: bnelson44; penelopesire
So if you have a blog, get it out there now. If you don't have a blog, get it into someone's blog now.

I'd suggest getting it to Michelle Malkin... michellemalkin.com

69 posted on 10/07/2006 1:28:12 PM PDT by Echo Talon
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To: penelopesire

drudge has his radioshow coming on this weekend i believe, and he just loves to break news... :D LOL


70 posted on 10/07/2006 1:31:40 PM PDT by Echo Talon
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bookmark


71 posted on 10/07/2006 2:32:05 PM PDT by SC Swamp Fox (Join our Folding@Home team (Team# 36120) keyword: folding)
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To: SC Swamp Fox

bookmark


72 posted on 10/07/2006 5:38:47 PM PDT by NEPA (You say redneck like its a bad thing)
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To: penelopesire

bookmarked - great info


73 posted on 10/07/2006 6:04:18 PM PDT by AmeriBrit (Soros and Clinton's for Responsibility and Ethics in Washington = SCREW.)
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To: potlatch


                 

74 posted on 10/07/2006 7:01:17 PM PDT by devolve (now_playing--CLINTON CONFESSION--.wav_parody starring Slick Willie "BJ" Blythe-Clinton)
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To: devolve

LOL, poor Linus!

It looks very good made larger, I'm surprised!


75 posted on 10/07/2006 7:03:44 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: potlatch


3Xs

That gives me 'nuther idea


76 posted on 10/07/2006 7:07:48 PM PDT by devolve (now_playing--CLINTON CONFESSION--.wav_parody starring Slick Willie "BJ" Blythe-Clinton)
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To: george76

well they're okay because they are Democrats - it's expected of them to 'misbehave'.

sounds like penelopesire thinks he/she has some new info..??


77 posted on 10/07/2006 10:41:01 PM PDT by bitt ("And an angel still rides in the whirlwind and directs this storm.")
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To: zeebee
Do you think that doesn't happen every day?

Have you received any???

78 posted on 10/07/2006 10:47:14 PM PDT by danamco
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To: potlatch
LOL, poor Linus!

Shouldn't that have been poor Paula Jones???

79 posted on 10/07/2006 11:07:53 PM PDT by danamco
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To: danamco

Gee, guess I missed seeing Paula in that post!


80 posted on 10/07/2006 11:10:10 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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