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Question Of Intent In Sex Case(What Do You Think)

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LadyMaravilla
Fall Is Here

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Sonia

Question Of Intent In Sex Case(What Do You Think)

But there is one important difference, attorneys for some of the men say, even if the law doesn't recognize it. While 13 actually went to the house -- many carrying condoms -- to meet a child for sex, 11 never did.

"There's a big difference between getting into a car to meet a child for sex and just playing an immoral game" online, said defense attorney Ed Jenks of Mineola, who represents one of the men who didn't go into the house, a West Islip firefighter. "The law needs to recognize that distinction."

But according to police and prosecutors, showing up to have sex with a child may be a powerful piece of evidence in court, but it is not a necessary component of the crime.

"No place does the law say you have to meet," Computer Crimes Det. Rory Forrestal said.

Passed in New York in November 1996, the criminal law for attempting to disseminate indecent material to a minor has three elements, Forrestal said.

A suspect must use a computer, Forrestal said. He must engage in "sexual banter" with someone he believes is a child. And, he has to invite the child to meet him or to engage in sexual activity over the Internet, such as a sexual performance on a Webcam, he said.

Three elements enough

"Once we have all three, theoretically, we could end the case right there," Forrestal said. "Setting up a meeting is a great piece of evidence, but it's not necessary."

Before the Internet, an attempt to meet a child for sex usually resulted in a charge of attempted rape, Forrestal said.

In this case, all of the suspects, who range from 19 to 47 years old and include an actor, a lieutenant colonel in the Army Reserves and the firefighter, met each of the current law's criteria, police said. The actor, the lieutenant colonel and firefighter did not go into the house. One of the men was also charged with possessing child pornography, also a felony.

Babylon attorney Tom Spreer, who represents the firefighter, said the state legislature should consider establishing separate levels of culpability for someone who's "conducting a folly on the Internet, as opposed to someone who's looking for a minor for sex." Regardless of the distinction, cases involving sex crimes against children seldom go to trial because defense attorneys realize it's nearly impossible to create sympathy for their clients.
Newsday By Samuel Bruchey


Do you think all the men should be charged even if many of them did not show up???

Posted 2/20/06 12:55 PM
 
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CAJ
woulda, coulda, shoulda

Member since 12/05

3366 total posts

Name:
CJ

Re: Question Of Intent In Sex Case(What Do You Think)

First off they all got charged with Disseminating Indecent Material to a Minor, which does not require a meeting, it simple means the sent images that were not suitable for a minor...its a poor defense...Sorry

Posted 2/20/06 1:02 PM
 

skew
LIF Adult

Member since 5/05

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Re: Question Of Intent In Sex Case(What Do You Think)

their actions were immoral, unethical and illegal. it infuriates me that they cannot face up to what they have done and accept the consequences.

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Posted 2/20/06 1:37 PM
 

MrsSchwags
Soccer Baseball Lax Mom

Member since 10/05

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Name:
Jennifer

Re: Question Of Intent In Sex Case(What Do You Think)

I don't know if my opinion is going to count. But one of my good friends is one of the men charged here. He did not go to the house and he had no intentions of showing up.

I have been such a mess because I feel like his life is over even if he is innocent because his face has been on the news and in newsday.

Posted 2/20/06 2:11 PM
 

LadyMaravilla
Fall Is Here

Member since 5/05

12023 total posts

Name:
Sonia

Re: Question Of Intent In Sex Case(What Do You Think)

Posted by JBKempf

I don't know if my opinion is going to count. But one of my good friends is one of the men charged here. He did not go to the house and he had no intentions of showing up.

I have been such a mess because I feel like his life is over even if he is innocent because his face has been on the news and in newsday.




I posted this article because I think it's very interesting that even though the men fit the profiile of what the police need to convict or charge them of the crime, the lawyers say the men who did not show up should not be charged the same way. I feel that the intent was there. And they were all in that site for the same reason.

Message edited 2/20/2006 2:16:23 PM.

Posted 2/20/06 2:16 PM
 

CAJ
woulda, coulda, shoulda

Member since 12/05

3366 total posts

Name:
CJ

Re: Question Of Intent In Sex Case(What Do You Think)

Posted by JBKempf

I don't know if my opinion is going to count. But one of my good friends is one of the men charged here. He did not go to the house and he had no intentions of showing up.

I have been such a mess because I feel like his life is over even if he is innocent because his face has been on the news and in newsday.



I am sure they have chat logs and picture/video of your friend doing something that is inappropriate for a minor to see...alot of people think that they are anonymous behind a computer screen but that is surely not the case...Sorry for your friend...

Posted 2/20/06 2:17 PM
 

baghag
:P

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Re: Question Of Intent In Sex Case(What Do You Think)

Posted by skew

their actions were immoral, unethical and illegal. it infuriates me that they cannot face up to what they have done and accept the consequences.

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I agree.

Posted 2/20/06 2:26 PM
 

Redhead
You Live, You Learn

Member since 5/05

31871 total posts

Name:
Jennifer

Re: Question Of Intent In Sex Case(What Do You Think)

not sure if i am getting the gist of the article..

But i for one think that ANYONE, an adult, talking to a child is SICK SICK SICK

Even more so if you eliciting anything from them on the computer

MORE SO if you go meet them

I am disgusted but the above three should have different penalties to match severity

Posted 2/20/06 2:32 PM
 

nrthshgrl
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Member since 7/05

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Re: Question Of Intent In Sex Case(What Do You Think)

As far as I'm concerned as long as they've met the 3 criteria, all should - at minimum- be charged disseminating indescent material to minors.

Ones that showed up but didn't go in, should get an additional charge but it would include a lot of psychological counseling in addition to the above charge.

The ones that showed up and went into the house, should get all of the above charges plus attempted rape of a minor.

All should have their foreheads tatooed with "potential child molestor" or "child molestor" depending on whether or not they entered the house.

Posted 2/20/06 3:39 PM
 

LAMGAJ28
.

Member since 10/05

6039 total posts

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Re: Question Of Intent In Sex Case(What Do You Think)

Posted by nrthshgrl

As far as I'm concerned as long as they've met the 3 criteria, all should - at minimum- be charged disseminating indescent material to minors.

Ones that showed up but didn't go in, should get an additional charge but it would include a lot of psychological counseling in addition to the above charge.

The ones that showed up and went into the house, should get all of the above charges plus attempted rape of a minor.

All should have their foreheads tatooed with "potential child molestor" or "child molestor" depending on whether or not they entered the house.



I couldn't agree more with this statement......

Posted 2/20/06 4:29 PM
 

skew
LIF Adult

Member since 5/05

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Re: Question Of Intent In Sex Case(What Do You Think)

Posted by JBKempf

I don't know if my opinion is going to count. But one of my good friends is one of the men charged here. He did not go to the house and he had no intentions of showing up.

I have been such a mess because I feel like his life is over even if he is innocent because his face has been on the news and in newsday.



i heart goes out to you. i am sure this is difficult time for and you are torn as far as what to believe. in re: to your friend, even if he had no intentions of meeting these "minors" and only engaged in online correspondence, i still have no sympathy for him. he needs SERIOUS therapy and should be held fully accountable for his actions.

Message edited 2/20/2006 4:59:29 PM.

Posted 2/20/06 4:58 PM
 

MsG
Should be working

Member since 5/05

2824 total posts

Name:
G

Re: Question Of Intent In Sex Case(What Do You Think)

Posted by nrthshgrl

As far as I'm concerned as long as they've met the 3 criteria, all should - at minimum- be charged disseminating indescent material to minors.

Ones that showed up but didn't go in, should get an additional charge but it would include a lot of psychological counseling in addition to the above charge.

The ones that showed up and went into the house, should get all of the above charges plus attempted rape of a minor.

All should have their foreheads tatooed with "potential child molestor" or "child molestor" depending on whether or not they entered the house.



I agree

but...

I might even go so far as to say regardless if they showed up or not, they should be charged with attempted rape of a minor. B/C to meet those 3 criteria it sounds to me like rape was the intention.

Posted 2/20/06 6:28 PM
 

nrthshgrl
It goes fast. Pay attention.

Member since 7/05

57538 total posts

Name:

Re: Question Of Intent In Sex Case(What Do You Think)

Posted by JBKempf

I don't know if my opinion is going to count. But one of my good friends is one of the men charged here. He did not go to the house and he had no intentions of showing up.

I have been such a mess because I feel like his life is over even if he is innocent because his face has been on the news and in newsday.



Chat Icon Chat Icon Chat Icon for you. I can't imagine how I would feel if this were my friend. I'm sure it's hard for you regardless of whether the public forgives him or not.

eta. If if were me, in order to make my own judgement - I'd need to see what was said in the IMs.

Message edited 2/20/2006 7:30:14 PM.

Posted 2/20/06 7:24 PM
 

LAMGAJ28
.

Member since 10/05

6039 total posts

Name:

Re: Question Of Intent In Sex Case(What Do You Think)

Posted by nrthshgrl

Posted by JBKempf

I don't know if my opinion is going to count. But one of my good friends is one of the men charged here. He did not go to the house and he had no intentions of showing up.

I have been such a mess because I feel like his life is over even if he is innocent because his face has been on the news and in newsday.



Chat Icon Chat Icon Chat Icon for you. I can't imagine how I would feel if this were my friend. I'm sure it's hard for you regardless of whether the public forgives him or not.

eta. If if were me, in order to make my own judgement - I'd need to see what was said in the IMs.



I also feel bad for her friend but he needs major help.
Just the fact that he was there talking to minors is a serious red flag.
With or without the intention of rape...he is talking to minors stuff that he shouldn't....or perhaps sending pictures.....I don't know the details of this case but if he's being held accountable, it means they must have something in his IM's that put him in this predicament.
He is your friend and perhaps now more than ever needs your support as Friends should be there for each other in good and in bad times. I hope that he's able to get the help that he needs but he needs to take the first step towards that in recognizing that he has a problem. I can't even imagine what you must feel as a friend to see someone you care for in this predicament.

Posted 2/20/06 9:08 PM
 
 

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