Legislation Action Pending On Online Sexual Predators

[sbl_admin]

If passed, the Sexual Predator Forfeiture Act would allow authorities to seize and use computers and other electronic devices as they see fit.

[BrainSmashR]

This is total crap!!!!

I can understand the drug issue because monies said criminal obtained by illegal activity could have been used to buy his house/car/weapons. Even though I know that's a scam too, I can understand the justification they use.

......the same rule doesn't apply to sexual perverts. Child Molesters aren't profiting from their illegal activity and using those illegal funds to, "enhance the business", if you will, like the drug dealer and his fancy spinning rims and chrome plated 9mm.

[AnimeSpirit]

I dunno about that. I saw on a Court TV special that there is actually an underground market for child pornography and recorded media of such dispicable actions taking place and it is apparently as profitable as the illegal drug market.

Unfortunately, it seems that child molesters can financially profit from their crimes.

[joepole]

You can get whatever law you want passed by claiming it's "for the children" or that it helps solve that HUGE problem we have with online predators.

[Isaac-Saxxon]

You three guys better stop before you go blind

see how they run

[Neo]

What did the brown mouse say to the white mouse?????

[BrainSmashR]

Originally Posted by AnimeSpirit

I dunno about that. I saw on a Court TV special that there is actually an underground market for child pornography and recorded media of such dispicable actions taking place and it is apparently as profitable as the illegal drug market.

Unfortunately, it seems that child molesters can financially profit from their crimes.

While both are despicable, trafficking child pornography is considerably different than meeting a minor for a sexual encounter. Just like selling drugs and using drugs are different. Notice smoking pot isn't illegal, possession is, just like meeting a minor for a sexual encounter isn't illegal, the ACT of having sex with a minor is illegal.

In most cases an illegal activity has to be taking place before the perp can be arrested....like the "13 year old girl" agrees to give him some nude photos....if the guy shows up, then he's guilty of attempted trafficking of illegal goods and can be arrested on the spot.

[joepole]

1. You can't smoke marijuana without possessing it, a law against consumption would be superfluous.

2. Regarding soliciting sex from minors

>just like meeting a minor for a sexual encounter isn't illegal, the ACT of having sex with a minor is illegal.

That's just flat-out wrong. Meeting a minor for a sexual encounter is definitely illegal, even if the encounter never takes place and even if the minor isn't really a minor. Just ask Mike Sieve.

LA Revised Statute 14§81.3. Computer-aided solicitation of a minor

A. Computer-aided solicitation of a minor is committed when a person eighteen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of eighteen or a person reasonably believed to have not yet attained the age of eighteen, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence as defined in R.S. 14:2(B), or with the intent to engage or participate in sexual conduct in the presence of the person who has not yet attained the age of eighteen, or person reasonably believed to have not yet attained the age of eighteen.

It's also a Federal crime:

TITLE 18 > PART I > CHAPTER 117

§ 2422. Coercion and enticement

(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in 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 or imprisoned not more than 20 years, or both.

[LateNight]

Originally Posted by joepole

A. Computer-aided solicitation of a minor is committed when a person eighteen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of eighteen or a person reasonably believed to have not yet attained the age of eighteen

that last bit ? does that mean someone who doesn't look 18 but could in fact be 18 ? ??

[joepole]

Whoops, forgot the second part of the Federal statute, the one most used against Internet pervs:

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

[BrainSmashR]

Originally Posted by joepole

1. You can't smoke marijuana without possessing it, a law against consumption would be superfluous.

Any pothead can walk up to any cop in America reeking of pot and admit to it's use and cannot be arrested for anything more substantial than public intoxication.

The difference between possessing and smoking is that if you are not caught with drugs on your person or in your vehicle ,then you have essentially "not" committed a drug violation regardless of admission or level of intoxication.

Try again.

2. Regarding soliciting sex from minors

>just like meeting a minor for a sexual encounter isn't illegal, the ACT of having sex with a minor is illegal.

That's just flat-out wrong. Meeting a minor for a sexual encounter is definitely illegal, even if the encounter never takes place and even if the minor isn't really a minor. Just ask Mike Sieve.

LA Revised Statute 14§81.3. Computer-aided solicitation of a minor

A. Computer-aided solicitation of a minor is committed when a person eighteen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of eighteen or a person reasonably believed to have not yet attained the age of eighteen, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence as defined in R.S. 14:2(B), or with the intent to engage or participate in sexual conduct in the presence of the person who has not yet attained the age of eighteen, or person reasonably believed to have not yet attained the age of eighteen.

It's also a Federal crime:

TITLE 18 > PART I > CHAPTER 117

§ 2422. Coercion and enticement

(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in 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 or imprisoned not more than 20 years, or both.

Well that IS nice to know, but it still doesn't show the perp making a profit from his crime therefore I can't justify "stealing" any of his property

[joepole]

>Try again.


OK, I'll go slower.

>The difference between possessing and smoking is that if you are not caught with drugs on your person or in your vehicle ,then you have essentially "not" committed a drug violation regardless of admission or level of intoxication.

If a court can prove that you smoked marijuana then they have met the standard for possession of marijuana and you could be convicted of that crime:

LA R.S. 40§966.

C. Possession. It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner or as provided in R.S. 40:978, while acting in the course of his professional practice, or except as otherwise authorized by this Part.

Your non-sequitur about walking up to cops has nothing to do with whether or not it is against the law to smoke marijuana, a statement you originally made in support of a point (that "meeting a minor for a sexual encounter isn't illegal") that turned out to be untrue, anyway. Admitting to a cop that you previously smoked marijuana would garner the exact same result as admitting to a cop that you previously had a bag of unsmoked marijuana in your pocket.

As a practical matter I can't imagine many jurisdictions would waste the resources to prosecute a possession case like that, but the fact remains that you can't smoke marijuana without possessing it, so the act of smoking is covered by the statute. As is the act of licking marijuana, dancing with marijuana, or shoving marijuana in your ear.

[LateNight]

Originally Posted by joepole

As a practical matter I can't imagine many jurisdictions would waste the resources to prosecute a possession case like that, but the fact remains that you can't smoke marijuana without possessing it, so the act of smoking is covered by the statute. As is the act of licking marijuana, dancing with marijuana, or shoving marijuana in your ear.

Whooo, go JOE !

[Al Swearengen]

Originally Posted by BrainSmashR

Any pothead can walk up to any cop in America reeking of pot and admit to it's use and cannot be arrested for anything more substantial than public intoxication.

Well see thats the thing. If a pothead walks up to a cop reekin of weed and admits to usin it, the cop then has somethin called "probable cause", and once he has that, he (the cop) is then free to take any number of actions that could ultimately lead to an arrest for somethin MUCH more substantial than public intoxication. Maybe said pothead has some rollin papers in his wallet, or a pipe (possession of paraphenalia). This is why ya dont see too many stoners strollin up to the nearest cop to tell him all about the wicked **** he just smoked.

[AnimeSpirit]

Originally Posted by Al Swearengen

Well see thats the thing. If a pothead walks up to a cop reekin of weed and admits to usin it, the cop then has somethin called "probable cause", and once he has that, he (the cop) is then free to take any number of actions that could ultimately lead to an arrest for somethin MUCH more substantial than public intoxication. Maybe said pothead has some rollin papers in his wallet, or a pipe (possession of paraphenalia). This is why ya dont see too many stoners strollin up to the nearest cop to tell him all about the wicked **** he just smoked.

That sounds about right. The trigger-happy Bossier cops around here would just bust him and prove it later.