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National

MN: Appeals Court overturns conviction of man accused of soliciting a minor for sex over the internet

In a decision unique to the digital era, a man’s conviction for soliciting a minor for sex over the internet was overturned because he wasn’t allowed to claim the child lied about her age. Full Article

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  1. mike r

    this is similar to what they did to me…I could not have the contractual agreement stating that everyone who uses this service is of legal age to enter a contract or are at least 18 years of age. the judge flat refused to let me enter that contract into the record and would not allow the jury to have knowledge of it let alone know the contents of that contract…

    • Jeb

      I had a similar issue in a CP case.

      All images on my computer that were illegal were of girls with pubic hair and boobs, and obtained from Met-Art and its affiliates that all had the “all models are 18+” disclosure on their pages. Prosecutor successfully argued that was irrelevant and I wasn’t allowed to bring it up.

      • Erwin

        When my son got busted for CP and before eventually pleading to other stuff, he told the detective during his interrogation that he visited MetArt and Motherless among other sites what he thought was legal porn. The detective told him that minors are often posted to those sites although they say over 18. Now my son was never charged for photos from those sites but it’s the thought that he probably would have been if investigators didn’t find more sinister things on his computer.

        Now here’s the funny thing. Prosecutors will argue a link that says 18 or over has no bearing on whether a person believes those are the ages of the subjects in the images. But if a link was titled something indicative of subjects under 18, prosecutors will use that title as evidence against you. Even when many times those links lead to adult stuff. It’s like they want to have it both ways

  2. Joe

    When you have a relationship with a minor with a fake ID you meet in a bar you are prosecuted NOT for what you were led to believe – with the greatest authenticity – but for reality.

    When you have some sort of internet relationship (using that term loosely) with, essentially, an adult cop who pretends to be a minor, you are prosecuted NOT for reality, but for what you are led to believe.

    Talk about having your cake and eating it too….

  3. Erwin

    Here in Wisconsin, the law is called “using a computer to facilitate a child sex crime, a felony that since 2012 carries with it a minimum mandatory five years in prison upon conviction. Normally a cop posing as an imaginary teen is at the other end of the conversation

    I posted this link before to show the ridiculousness of this law.

    http://archive.jsonline.com/news/crime/should-penalty-for-enticing-a-minor-be-harsher-than-for-actual-assault-b99118429z1-227606031.html

    This was a infamous case in Wisconsin because the defendant motioned the judge on the grounds that setting up a liaison with a 15 year old online gets you a far harsher sentence than if you did it in the flesh. The judge did end up dismissing the brief. He bought into the prosecutor’s argument that it was a cold “calculated, predatory act”

    Whereas if the defendant did it in the flesh….GET THIS….the prosecutor said “actual sexual intercourse could result from momentary impulse and human weakness”

    Really? No calculation or predatory planning goes into having actual sex with a minor? Tell that to RCs who have been the victim of sexual abuse themselves

    The stupid stuff prosecutors, judges, and politicians come up with cease to amaze me

    • Les Mis Life

      The calculated predatory act is often by an adult in law enforcement targeting a young man. Why? Because they know that young adults don’t really think of themselves as ‘grown ups,’ so they’re an easy catch. Even easier when it starts as them pretending to be of age, then reeling up the bet saying they are actually younger.
      The reason it’s so effective, aside from the obvious that young men/ old boys are idiots, is because it plays to their experience: when a guy is in high school, nothing seems like a better idea than hooking up with a college-aged girl! when the situation is reversed, they’re not thinking about “ruining the victim’s life” if they say they are active and wanting to hook up. Thus, non-predatory young men are labeled monsters for life.
      What’s more, on cases like these, they get scored as more dangerous because they were going to do it with a ‘stranger.’

  4. Mr. G

    The internet is a large playground with any number of things from amazon shopping, social media, porn, and the dark web. persons under the age of 18 should be supervised by guardian or school district. society will not hand over a 16 year old a diver licenses without first showing them how to properly use a car. why should we give them access to the world wide web with out proper training? sexting, cyber bulling etc are all problems. A news report study said that children are starting to see porn for the first time at 9. where are these kids parents(perhaps my child can do no wrong)? Parents need to be fined. Children need to be fined. if government cared so much about “for the children”……

    • Timmr

      A child in my day, the 60’s could get their hands on a Playboy or nudist magazine, and older kids gave you much more detailed information. Parents could never keep sexual knowledge from children as hard as they tried, even before the internet. The answer then is to do some real parenting and teach your children what is appropriate or not, the dangers and the joys, and accept that they may or may not follow your advice.
      We have become a culture of Holden Caulfields, trying to keep the kids from falling off the cliff by keeping them from running period or experience anything that hasn’t been screened and approved. It has made parents miserable from worry, and anxious to approve any draconian law that promises to make their worries less. The children need to have space to run and explore and be free to develop their own individuality. You can’t just ignore them either, but there has to be a balance of caution and tolerance.

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