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Originally posted by semperfortis
I'm sorry I trend to get busy and miss the news. I must have missed the criminal act that Folley committed. Could you link to where the charges are being placed? Or even link to what crimes he committed?
Semper
Originally posted by semperfortis
I'm sorry I trend to get busy and miss the news. I must have missed the criminal act that Folley committed. Could you link to where the charges are being placed? Or even link to what crimes he committed?
Semper
Originally posted by The Iconoclast
I haven't seen any charges yet, but based on what has been released (and this will be the tame stuff as the juicy stuff will have been sealed as evidence) there is more than enough to build a case. Foley is guilty of several communications crimes, not to mention soliciting a minor, harassment, exposure of minor to sexual material, etc. This also becomes a federal matter because of the scope of act. Foley is done. The only question is how hard they come down on him. If this was John Q. Public, he would be in the can already.
I am not 100% how they will handle things in Washington or how it is written in DC. Here is how it was outlined by the Arizona House of Representatives and put into law.
Sex Crimes Against Children
· Establishes the crime of luring a minor for sexual exploitation.
1. Defines the crime as offering or soliciting sexual conduct with another with the belief the other person is a minor.
2. It is not a defense to prosecution that a peace officer masqueraded as a minor.
3. Luring a minor for sexual exploitation is a Class 3 felony (3.5 years/$150,000).
This is outlined in ARS13-1405, 13-1410. Foley would also be charge under ARS13-3512, Obsene or indecent telephone communications to minors, as well as ARS13-3353 through ARS13-3358, all dealing with Sexual Exploitation of Children. I'm 100% certain DC will have something similar
Foley is also in trouble from a federal perspective. This is also outlined from a federal standpoint in Protection of Children From Sexual Predators Act, October 30, 1998: Public Law No: 105-314. Foley will also be guilty under Federal Criminal Code and Rules under Title 18 of the United States Code (USC), Section 1470. Transfer of Obscene Material to Minors, Section 2241(a)(c). Aggravated Sexual Abuse, Section 2243. Sexual Abuse of a Minor or Ward, Section 2251(a)(b)(c). Sexual Exploitation of Children, Section 2422. Coercion and Enticement, Section 2423(a). Transportation of Minors with Intent to Engage in Criminal Sexual Activity, Section 2423(b). Interstate or Foreign Travel with Intent to Engage in a Sexual Act with a Juvenile, Section 2425, and Use of Interstate Facilities to Transmit Information About a Minor.
Just because charges have not yet been made public does not mean there Foley is not being charged. This is a very serious matter and Foley will be charged. If he is not, this is one of the most heinous abuses of power that I will have witnessed in American politics.
I hope this is satisfactory to your needs.
Originally posted by JIMC5499
None of this is valid unless the "victims" file a complaint. None of them has, so far. The Stature of Limitations is also an issue here. The FBI is investigating, but so far nothing has been "sealed", the results of the investigation just haven't been released.
Originally posted by The Iconoclast
You know, I am shocked ANYONE would defend a pedophile. I guess partisan politics knows no bounds. There are certain individuals that will defend a Republican just because they are a Republican (and a Democrat simply for being a Democrat). Foley's actions after the disclosure of the claim is more than enough proof as to his interpretation of his own guilt, yet there are those that would defend him. This country is going to hell in a hand-basket, and its people like this (on both sides) that are the courier.
Originally posted by semperfortis
You are all forgetting, he sent the IM's in DC
The "Victim" was NOT a juvi. in DC
And yes, I work these cases, it is NOT as cut and dry as some would make it out to be..
Semper
Originally posted by semperfortis
OK,
Easy answer....
Though all crimes have the potential to be tried in Federal Court, few are. The individual states rights give them the power to determine the age of consent for Sexual experiences as well as adjudicating any criminal or suspected criminal case that may or may not have occurred in their perspective jurisdictional province.
Several of the previous posters have elaborated on that if you go back and read the posts..
It is not cut and dry, because as so many Liberals are usually ready to stand up and shout, innocent until proven guilty. (Unless of course it's a conservative being tried on the net).
With current technology, it is fairly easy to track and record any internet conversation, if you know how and where to find the targeted subject.
However, indicating intent and other facets of the law, becomes much harder, though not impossible by any means.
Again, not everything that deals with a Senator or Representative becomes Federal just because of their job.
Semper
If Foley sends an IM from his home in Florida, to a page at his home in what ever state, that becomes a federal matter and links through to my post on the laws being broken. I think this is also the reason why the FBI is taking an active role in this, not just because its a politician.
Originally posted by semperfortis
EXCELLENT!!!
I was hoping someone else would bring this up...
As a rule, that correlation is correct, except for INTERNET crime...
In a crime committed over the internet, specifically speaking of harassment or sexual cases that I am familiar with. (Terror is completely different)
The jurisdiction resides in either the "sending" state or the "receiving" state. As stated before, the "Feds" have the option to intervene at anytime for anything however they also must acquiesce to the "State Rights" as mentioned, or can be called upon, depending on the statute or situational parameters, or they may choose to allow the state to carry out the investigation.
Semper