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I understand both points in this matter. I'd think it's a matter of what they try to prosecute him with. He didn't actually do anything with a 15-yo nor was he ever actually in contact with one to begin with. However, his intention was suspicious. A public indecency charge might apply, but statutory rape should not as the act never happened. Solicitation to a minor is iffy because, as KT suggested, there was actually no minor involved.
In short, can you prosecute someone for having the intention to commit a crime, but never actually having the opportunity to attempt it? I think this just brings up political correctness again.
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