Oct 6, 2006
WEST PALM BEACH, Fla. (AP) -- Even if former Rep. Mark Foley did not violate federal laws in sexually explicit Internet communications with underage boys, he still could find himself charged under state statutes.
Federal law generally requires a person to meet a minor for sex or at the very least, to attempt to meet, for a crime to have been committed. However, under laws in some states where the Florida Republican communicated with children, an attempt to seduce the victim might be enough for a criminal case.
Federal prosecutors investigating Foley's lurid communications are examining whether Florida authorities might be better positioned to bring criminal charges against Foley, since the state threshold for determining if a crime has been committed is less stringent than federal law, according to a senior Justice Department official who spoke Friday on condition of anonymity.
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E-mails and instant messages released so far indicate Foley communicated with the boys in California and Louisiana, and may have initiated those contacts from Washington, D.C. and Florida. The boys in question were all at least 16 years old at the time of the communications.
Under state law in Florida, where the age of consent is 18, a crime may have been committed if Foley is simply found to have seduced or attempted to seduce a minor. However, a reading of the law is subjective, said JoAnn Carrin, spokeswoman for the state Attorney General's office.
http://hosted.ap.org/dynamic/stories/S/SOU_FOLEY_CRIMINAL_CASE_FLOL-?SITE=FLPET&SECTION=HOME&TEMPLATE=state.shtmlIf this was anyone else they would be in jail right now. Have they even bothered to confiscate his computers yet?