> He hasn't been charged, but only because he is in Congress. Any other person would have been > arrested and charged. 1. My point was that Irene's >given that Mark Foley is prosecuted for what is age >of consent in "other countries", was incorrect. 2. he has resigned from Congress 3. with what would he have been charged? > If he hasn't been charged, how could he already be penalized? I meant "has paid a penalty". I quote "Poor accounts 'penalise UK savers'" http://news.bbc.co.uk/1/hi/business/2639219.stm "America may penalise Iraq if it fails to stop the violence" http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/10/23/wirq23.xml (etc.) > Yes, in various states. However, Foley falls under the Internet sex predator laws (which he > wrote and of which he was the chairman) which are federal laws. So age of consent in the > various states is irrelevant. So I assumed. But I read that the law Foley proposed (I quote) >>>>>>>>>>>>>> Foley had served as chairman of the House Caucus on Missing and Exploited Children. He introduced a bill in 2002 to outlaw web sites featuring sexually suggestive images of preteen children, saying that "these websites are nothing more than a fix for pedophiles." As it was written, the bill would have prohibited commercial photography of children, and it failed due to the unmanageable burden it would have presented to the legitimate entertainment industry.[18][19] <<<<<<<<<< (NB *pre-teen*) Eventually Foley's proposals were incorporated into the Adam Walsh Child Safety and Protection Act of 2006 http://www.whitehouse.gov/news/releases/2006/07/20060727-6.html here's the Foley part >>>>>>>>>>>>> Making It Harder For Sex Predators To Reach Our Children On The Internet. The bill authorizes new regional Internet Crimes Against Children Taskforces that will provide funding and training to help State and local law enforcement combat crimes involving the sexual exploitation of minors on the Internet. <<<<<<<<<<<<<< Here's a pdf of the bill. http://rpc.senate.gov/_files/L49HR4427ChldprotBB072006.pdf#search='H.R.%204472' Federal Age of Consent laws include this clause (from the 1949 Act) (b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years. http://uscode.house.gov/download/pls/18C117.txt and that may be the clause in the light of which the FBI is now looking into Foley's IMs though could the pages have been charged with a criminal offence? Of that same Bill Wikipedia comments >>>>>>>>>>>> {Chapter 117, 18 U.S.C. 2423(b)} forbids traveling in interstate or foreign commerce to engage in "illicit sexual conduct" with a minor. 2423(f) refers to Chapter 109A as its bright line for defining "illicit sexual conduct", as far as non-commercial sexual activity is concerned. For the purposes of age of consent, the only provision applicable is {Chapter 109A, 18 U.S.C. 2243(a)}. 2243(a) refers to situations where such younger person is under the age of 16 years, has attained 12 years of age, and the older person is more than 4 years older than the 12-15 year old (persons under 12 are handled under 18 U.S.C. 2241(c) under aggravated sexual abuse). So, the age is 12 years if you're within 4 years of the 12-15 year old's age, 16 under all other circumstances. This most likely reflects Congressional intent to not unduly interfere with a state's age of consent law, which would have been the case if the age was set to 18 under all circumstances. <<<<<<<<< but you know I'm not a lawyer. My contention is simply that Foley has not yet been charged with any offence. ------------------------------------------------------------------ To change your Lit-Ideas settings (subscribe/unsub, vacation on/off, digest on/off), visit www.andreas.com/faq-lit-ideas.html