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I heard on the news the other day, and I'm not sure if it is nation wide, but in order to prosecute someone for attempted child molestation over the internet, email isn't valid enough. An explicate picture, pornography, has to be sent as well. No matter how graphic the email is, it isn't enough to bring a pedophile up on charges. And to really dig into this, the law was changed because an attorney was caught sending verbally explicate emails to a minor and appealed over and over.

2006-07-30 08:00:59 · 21 answers · asked by FaerieWhings 7 in Politics & Government Law & Ethics

Macdoodle, unfortunately its VERY true. And it's not just special circumstances for only his case. At least in NY, it's now the law that pictures have to be sent to the minor as well.

2006-07-30 08:07:24 · update #1

Sorry, doll. The bible isn't my thing.

2006-07-30 08:26:44 · update #2

21 answers

I just read about this the other day as well... I am totally disgusted... the guy that did this and had this ruling had plenty of explicit sexual content in those emails... and knew it was a minor boy he was chatting with( even though it was a cop)... this is going to encourage more pedophiles to fly under the radar by doing everything but sending pictures... this ruling set back our legal system and this judge should be thrown off the bench!

2006-07-30 08:07:26 · answer #1 · answered by Ms Fortune 7 · 2 0

I'm not familiar with the case, but the way it sounds to me is that this is not a new law, just a stricter interpretation of the existing law. Apparently the way the law was written when it was first enacted, this guy was able to convince some judges that it needed more than just words to show that intent. So to criticize the legislators for passing this "new law" is not exactly fair. Now if you chose to criticize them for not creating a new law to close that loophole, then that would be perfectly fair. If someone manages to get off for what this guy did, just because of the wording of the law, that says to me that the law either needs to be rewritten or a new law created to sew up that loophole.

But no, this is not nationwide. In Alabama, there is one crime for sending explicit pictures to a minor and a separate one for the explicit emails. And if they actually try to get the child to meet them, that is another crime again. That way, if someone does all of those things, they don't get just charged with one "cover it all" crime, they get charged with three separate crimes, each a felony. It helps the police and district attorneys to keep people like that off the streets if there are specific laws for specific actions, rather than just one that covers several things. Then again, there are some instances where someone does something that just doesn't quite fit into one of the specific crimes, but can be covered by a slightly broader law. You have to have a sampling of both types, and it sounds like your legislators need to take a look at how those laws are phrased and make the necessary fixes to protect the children.

2006-07-30 08:40:43 · answer #2 · answered by RJ 4 · 0 0

The criminal law of the United States and United Kingdom are similar in many respects. The important point is that before a person can be convicted of a crime, there must be evidence which tends to show, beyond reasonable doubt, that a crime has been commited.

A email could be sent by a hacker using your machine as a 'zombie'. Although it seems to originate from your machine, you are innocient. Do you see my point? On it's own an email would not be enough evidence to convict, but it all depends on the circumstances of each case.

2006-07-30 08:06:26 · answer #3 · answered by Anonymous · 0 0

I completely disagree with it. However, I also, thankfully, don't think that it will last for long. Someone will appeal, or some action will be taken. I hate to say this, but the first time some creep who sent one of those emails then actually harms a child, that will be it for that law. Hopefully it will not take that much for lawmakers to come to their senses.

2006-07-30 08:04:57 · answer #4 · answered by Anonymous · 0 0

Get a life, if this country can execute kids 12 years old and put kids on trial as adults then it is up to the parents to keep the kids,kids. Once they get outside or on the Internet they are adults.

2006-07-30 08:09:20 · answer #5 · answered by Billy M 4 · 0 0

This is bull.
Justice is not to be found in this.
Makes me think the judge involved and the legislators who passed this "law" need to be watched VERY VERY closely and children kept away from anywhere near them.

I would think that recalls are needed very badly there.

2006-07-30 08:18:44 · answer #6 · answered by Alan G 3 · 0 0

wow thats bad i think that just with the emails the attorney should be label a sex offender and sentence to jail immediatly. now there has to be pictures and pornography as well
thats bad :( >:(

2006-07-30 08:05:05 · answer #7 · answered by Xavier 2 · 0 0

first appealing a court case is NOT creating a law - it is simply a judge's ruling - the legistlature can enact a law in reaction to this judges ruling to say that yes it is a crime to send these emails. i suggest you send letters & emails to you represenatives in your state and ask them to enact a law that it is illegal to send such correspondance to a minor

2006-07-30 08:04:28 · answer #8 · answered by Shopaholic Chick 6 · 0 0

woe unto them/habakkuk/chapter2/verses 6-9 and #15
isaiah chapter31 verse 1/ and chapter 33 verse 1
and witchcraft/ galatians chapter5 verse 2o/
i samuel chapter 15 verse 23.
and woe unto lawyers is in there somewhere.
rape/ deuteronomy chapter22 verses 13-30.
and remember this romans chapter 12 verse 19/[i-will repay!!]

2006-07-30 08:25:53 · answer #9 · answered by oceandollhouse 2 · 0 0

ya i live in Canada i saw it on Tv- I think it's better it should've been like that from the start :\
I saw it on america's most wanted..it's so sad about the man's son getting kidnapped and murdered :| there are sme sick people out there-

Edit: should've read first- what is this? don't understand sorry

2006-07-30 08:03:27 · answer #10 · answered by 1 5 · 0 0

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