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If this page was indeed under 18, blatant violation of the law by Foley

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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:27 PM
Original message
If this page was indeed under 18, blatant violation of the law by Foley
Edited on Thu Oct-05-06 05:28 PM by originalpckelly
Foley asked a minor (again if the page was under 18 at the time the request was made) to take a picture of his penis. This is clearly illegal:

18 USC 2251:
http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002251----000-.html

"a) Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed...

...(e) Any individual who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned not less than 15 years nor more than 30 years, but if such person has one prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned for not less than 25 years nor more than 50 years, but if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life. Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life."

So in other words if the page was a minor, and I interpret the law the way it is supposed to be interpreted, Mr. Foley could be facing a minimum of 15 and a maximum of 30 years in prison.

Here is the part of Brian Ross's new story that includes the story of the page who might have been targeted by Foley:
"'His e-mails developed into sexually explicit conversations, and he asked me for photographs of my erect penis,' the former page said.

The page said Foley maintained e-mail contact with him even after he started college and arranged a sexual liaison after the page had turned 18."

http://abcnews.go.com/WNT/BrianRoss/story?id=2509586&page=4

FOLEY IS IN DEEP SHIT!
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Catherine Vincent Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:28 PM
Response to Original message
1. He didn't want to talk politics.
"He didn't want to talk about politics," the page said. "He wanted to talk about sex or my penis," the page said.
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Oceansaway Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:29 PM
Response to Reply #1
2. OMG !! hes a damn freak !! (foley)...n/t
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:30 PM
Response to Reply #1
4. Let's not forget that Rush and Drudge and others were trying to...
mitigate the nastiness of Foley's crimes. They are sick sick people.
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Fresh_Start Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:29 PM
Response to Original message
3. GOP = Gomorrah on Potomac
for the Christian base.
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Hav Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:31 PM
Response to Original message
5. .
"The former page also said Foley told him that if he happened to be in Washington, D.C., he could stay at Foley's home if he "would engage in oral sex" with Foley."
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:37 PM
Response to Reply #5
8. That would be legal...
technically, because the age of consent is 16, not 17 or 18 in DC.
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buzzard Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:33 PM
Response to Original message
6. I think he is not a minor at age 16 at least that is what I just heard
listening to CNN.
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:39 PM
Response to Reply #6
9. This is a different kind of minor...
not one locally defined by state law, but one defined in national law. You must be age 18 to participate in pornographic films/images, and if the page was under 18 at the time, he would be covered by this. If on the other hand Foley had just had sex in person, then it wouldn't be illegal.

We need to have a consistent age of consent throughout America set at age 18.
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uppityperson Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:33 PM
Response to Original message
7. thank you for posting this law. k&r
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:39 PM
Response to Reply #7
10. You're welcome...
I hope I interpret it correctly.
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TorchTheWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:51 PM
Response to Reply #10
11. Yep, you did
You're right, you have to be 18 to be photographed... child pornography laws and all that.
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 06:46 PM
Response to Reply #11
13. I thought so...
but I always use caution with legal interpretation's because I don't want to have someone listen to me and then be wrong and have them get in trouble (I don't know how that would happen in this circumstance.)
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-05-06 05:51 PM
Response to Original message
12. And we should remember that Foley said he never engaged...
in sexual relations with a minor, he never said he didn't chat with them or that he asked them for pornographic photos.
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