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Legal experts and former federal prosecutors say it may be difficult to bring federal criminal charges against former Congressman Mark Foley, based on what's publicly known about the e-mails and instant messages he sent.
"To be illegal, the conduct needs to get beyond IM sex chat," says one former prosecutor who worked on child exploitation cases. "Sex talk with a minor is not prosecutable."
So far, say current law enforcement officials, it's not clear any federal laws were violated. While it may surprise some people, it turns out that talking trash to a minor is not automatically illegal.
One federal law criminalizes "enticement," which it defines as inducing a minor to engage in illegal sexual activity. But there's a catch: for the most part, the age of consent in Washington, D.C., is 16, not 18. So sexual activity with a 16-year-old page in Washington is not a crime, assuming it is consensual. However, the age of consent in Florida and California is 18.
A separate federal law makes it illegal to help a minor travel to engage in illegal sex and also makes it illegal for an adult to travel to have illegal sex.
As for "cybersex," officials say the kinds of cases that are prosecuted involve sending sexually explicit photos or videos to minors, depicting minors having sex, to break down their inhibitions and try to persuade them to have sex. Those are brought as child pornography cases. And if an adult persuades a minor to get a Web cam and engage in sexual behavior, that can be prosecuted as illegally producing child pornography.
But, based on what's known so far, that's far beyond what Foley was doing, the officials say.
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Relentless Wednesday
Mr. Foley should be prosecuted,I have followed every show on NBC to cach a predator and have seen that men just contact a minor by computer with the proposal of sex are in jail or have been posecuted,no one should be ABOVE THE LAW.
Juan E. Rivera, Keller, TX (Sent Oct 5, 2006 6:30:45 PM)
I am more upset that Hastert refuses to resign than I am that Foley is a pedophile (which has been widely known and reported). Hastert's position is Republican to the core. Suddenly he is going to make sure something like this never happens again (as if he just found out about it).
Let us not forget Hastert could waltz into becoming President of the United States given the right set of circumstances. Plus he has no more integrity than Bush or Cheney.
Barbara, Tullahoma, TN (Sent Oct 5, 2006 5:32:53 PM)
So many excuses for abominable behavior! I kept expecting Foley's attorney to tell us he'd been abducted by aliens as a child. And what's with this bit of rushing off to rehab as soon as thenews hits the air?!
(Sent Oct 5, 2006 3:20:43 PM)
WOW...so many excuses from Foley! Oh, that's right, his attorney says they are nor ecxuses for his abominable behavior! I kept expecting the next one to be that he'd been abducted by aliens as a child! And what's the deal with all these lawbreakers rushing into rehab as soon as the story breaks?!
(Sent Oct 5, 2006 3:15:51 PM)
If Foley was a nobody, it wouldn't be news and there would be no investigation. The question of wrongdoing still looms. Read todays copy by the "former page" Tyson Vivian. He states that after knowing Foley's sexual preference continued to IM him for 8 years. In the posted saved messages from 2004 (and OH by the way, why was he saving these messages in the first place)the only person that brings up Foley's sexuality is tyson when he asks him if he is looking for a boyfriend. Sounds like a former page who is looking for his 15 minutes of fame. I quess we'll see him running for office soon.
Enlightened democrat, PA (Sent Oct 5, 2006 9:37:54 AM)
I find it hard to believe that an adult can attempt to lure a minor to his home to drink alcohol and no law is broken.Doesn't this qualify as stalking?Foley claims he's never had any intimate relations with any minor.If the underage page went to his home alone and got drunk, what were Foley's intentions??It is so similar to the news show expose' where perverts met kids on line and showed up at their house with booze.Their intent was clear and they were arrested.Why haven't we seen Foley in handcuffs?And now to add insult to injury,we have Hastert and the right actually blaming ABC and so called democratic opertives for this mess.Wake up!!!ABC wasn't sending monors offensive email,it was Foley.What happened to the Republican mantra of "personal responsibility"???Oh, I forgot.That only applies to Democrats.
donald iodice, woodbridge,nj (Sent Oct 5, 2006 8:51:18 AM)
If Foley broke no law then we now know what the GOP means by family values and morals. Not one elected official has stood up for the kids. All the talk is about Foley and his Rehab. Do our kids mean anything to the government. If what Foley did isn't a crime well I pray no other country follows the United States policy. Now is an unknown person does the same thing and the legal system charges him well then we'll know it's all about who and what you are when it comes to crimes.
Jackie Rawlings Riverside California (Sent Oct 4, 2006 9:33:35 PM)
What sickens me is the fact that Republicans tried to hide this whole incident up before. What we are dealing with he is a sociological crisis. Those in Washington continue to situations like these hush hush, until the volcano actually explodes. I believe the power and wealth in Washington is a key factor in this situation, and that is just one of those key aspects that needs to be stopped! Only one word can describe Washington at the present time . . . . . . corrupt!
Nick, Northumberland, Pennsylvania (Sent Oct 4, 2006 8:11:29 PM)
If Foley was a 'nobody' he would be in somebody's jail, not a swank rehab center, but what goes around comes around... Thank God for that.
(Sent Oct 4, 2006 7:19:12 PM)
Foley doesn't need to prosecuted unless it turns out he had sex by force or with an underaged partner. His life is ruined. Mine should be so ruined considering what he'll no doubt get in benefits, but ruined, none the less.
On the other hand, the cretinous barnyard stew that did nothing to correct it: they need their heads on pikes lining Pennsylvania Ave.
Formerly Proud Citizen (Sent Oct 4, 2006 6:43:12 PM)
Is there a reason why the age of consent is 16 in D.C. and 18 most other places. If 18 is considered the " standard " in being considered an adult ie: voting, armed service, cigarettes etc etc etc., then why, when it comes to sexual consent do we compromise and not act in our childrens best interest? Are'nt we as adults, supposed to hold ourselves to a higher standard as an example to our children? What happened to Right & Wrong?
Colin D. Healey, Clarks Summit PA (Sent Oct 4, 2006 5:08:58 PM)
Regrardless of whether or not Foley officialy broke the law, it has been made clear in his instant messages to the Pages, that he crossed a moral line. His subsequent statements of intoxication, and past abuses aside. The full measure of the law as it pertains to his actions should be meaded out. Any other congressional leaders having knowledge of Foley's past offenses should also resign.
Douglas Mayo, Greenfield, MA (Sent Oct 4, 2006 4:43:23 PM)
From how I understand it, there is no cure for pedophilia, right? So now that we know what he is, it should be elementary as to what to do, prosecute him to the fullest extent of the law. And if we don't have laws to protect our children from predators like Foley who have'nt broken " the law " yet, then we have got to demand that these bums we send to Washington ACT on legislation that will truly protect our children from the likes of Foley and the rest of his NAMBLA buddies. Enough political wrangling with this already. I thought the simplest of values, RIGHT vs. WRONG was the issue.
C.D. Healey, (Sent Oct 4, 2006 4:38:16 PM)
When there's smoke, there's fire. The "over-friendly" and suggestive e-mails and text messages would be the "smoke"--what the "fire" would be remains to be seen...
Olivia Elizabeth Burdon, Peoria, Ill. (Sent Oct 4, 2006 4:36:50 PM)
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