Foley could face state charges if federal case is weak

[DoYouEverWonder]

Oct 6, 2006

WEST PALM BEACH, Fla. (AP) -- 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.

<snip>

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.

http://hosted.ap.org/dynamic/stories/S/SOU_FOLEY_CRIMINAL_CASE_FLOL-?SITE=FLPET&SECTION=HOME&TEMPLATE=state.shtml


If this was anyone else they would be in jail right now. Have they even bothered to confiscate his computers yet?

[Kagemusha]

1. They've asked for the computers not to be destroyed.

Remember the HUGE mess over seizing material on Capitol Hill in the possession of a Democratic Congressman? It's not as simple as it is for everyone else... in large part thanks to the vehement resistance of Speaker Dennis Hastert.

[elfin]

2. He seemed to be "careful" in asking

"How old are you". "when is your birthday" etc. - I suspect he was VERY aware of each state's definition of a minor or "consenting age" - due to his involvement with the national children's protection movement. Sorry to say. but I bet he skates on the legalities per each state, but not on the perception overall of his predatory intent. However, I do not know how the national legislation impacts the "age of consent" as regards various state standards -- but then, he helped write it as I understand.

[kristendom]

3. Mark Foley and Jordan Edmund

The Justice Department investigators should grab
"all" of Foley's computers both at work and home. In
addition, check all his e-mail accounts that he might have set
up to use from Internet cafes or public libraries. The guy
wrote the law and he knows it inside out, so it is more than
likely that he got around it to cover his tracks. 

[NVMojo]

5. they should grab all pcs/hard drives and phone records of hASStert's

office too!

[newyawker99]

6. Hi kristendom!!

Welcome to DU!! :toast:

[jwirr]

4. So if *ss cannot get him jeb will? I doubt either will try very hard.

[Little Star]

7. I heard on tv today that the Justice Department

has taken the computers. Don't worry, Gonzo's handling things.:puke:

[seasat]

8. I wonder if Foley did anything in Florida?

Foley served in the Florida Senate up until '94. I've seen some reports that pages reported recieving propositions from him as early as either '95 or '97. It makes me wonder if he also was hitting on youngsters while serving in the FL senate. I'm not sure how unbiased Charlie Crist will be in investigating Foley. They both served in the Florida senate at the same time.