Adult cyber chat conversations
§ 2422(b) prohibits the use of a computer by an adult to send messages on the Internet to “persuade and entice” a person under 18 years of age to engage in sexual activity that constitutes a criminal offense. The Second Circuit outlined the facts of the case as follows: “Joseph is 40 years old, married, and has a six-year-old child.“The evidence at the retrial included the following.‘Lorie’ later provided Joseph with ‘Julie’s’ screen name. “[Joseph]: I just have a problem because I am so much older than you. “[Joseph]: But I will definitely be there and we can see then.” , supra, Slip Opinion at 2-5 [internal citations omitted].Joseph began exchanging messages with ‘Julie,’ describing sexual acts he wanted to perform with her. But “Julie” was not there the next morning when Joseph showed up at the café – the FBI was.“Role Playing” in Cybersex Conversations Could be a Legitimate Defense in § 2422(b) Internet Solicitation Cases By: Houston Criminal Defense Lawyer John Floyd and Mr. On September 9, 2008 the United States Court of Appeals, Second Circuit, reversed the conviction based on an erroneous instruction the trial judge gave to the jury. After a seven-day trial in April 2006, a mistrial was declared when the jury was unable to reach a verdict.
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In July, 2005, Joseph visited an Internet chat room called ‘I Love Older Men,’ where he initiated a conversation with an individual with the screen name ‘Teen2Hot4U,’ who purported to be a 13-year-old girl named ‘Lorie.’ ‘Teen2Hot4U’ was in fact Stephanie Good, a 55-year-old woman who spends 20 to 50 hours a week surfing the Internet for those she believes to be sexual predators and reporting her finds to the FBI.
“Using the screen name ‘DSax25’ and describing himself as a 40-year-old professional musician, Joseph had approximately 50 instant message and email chats with Good, almost all of which he initiated. ’ ‘Lorie’ sent Joseph a picture, depicting Good at age 13 or 14 years.
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