[lit-ideas] Re: [SPAM] Soap Opera Politics

  • From: "Judith Evans" <judithevans1@xxxxxxxxxxxxx>
  • To: <lit-ideas@xxxxxxxxxxxxx>
  • Date: Sun, 29 Oct 2006 23:24:16 -0000

> 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'"


"America may penalise Iraq
 if it fails to stop the violence"


> 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


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.


Federal Age of Consent laws include this clause (from the 1949

(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
    induces, entices, or coerces any individual who has not
    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.


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

but you know I'm not a lawyer.  My contention is simply that
Foley has not yet been charged with any offence.

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