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Posted (edited)
2 hours ago, BergenGuy said:

We don't know where the young man lived, but crossing state lines into NYC can be as simple taking a short train or subway ride.  The metro area is so integrated that it might not have occurred to him that he was crossing states lines or that it mattered.  Fifteen year-olds typically are not well-versed in federal law.  As for punishing the young man, I don't know that it is illegal for a minor to have sex with an adult, only that it is illegal for an adult to have sex with a minor.

It can be argued that this young man was mature and more than willing to have sex with Mr. Wolf, and that 18 is an arbitrary number for age of consent.  Perhaps.  But, an objective number is the only way the law can work.  Trying to base things on whether the young person involved is mature enough to make these decisions would make the law too unpredictable for everyone involved, especially the adult.

 

The age of consent in NY is 17.  The age of consent in Connecticut, MA, PA, NJ and VT is 16.  So the crossing the state thing is to specifically try to convict Wolf/Smith of a federal crime,  enticement of a minor.

Quote

A key federal statute addressing the enticement of a minor is 18 U.S.C. § 2422. 

This statute prohibits the use of mail, interstate or foreign commerce facilities, or being within U.S. maritime and territorial jurisdiction to knowingly persuade, induce, entice, or coerce a minor under 18 years of age into prostitution or any sexual activity for which a criminal offense can be charged. Attempting to do so is also prohibited. 

Penalties for violations involving minors under 18 include imprisonment for not less than 10 years or for life, and offenders may also be fined. There is a mandatory minimum of 10 years' incarceration for child enticement charges under this section. 

   This seems targeted and to some extent trumped-up.  If they can't get him on actual child pornography charges then this seems excessive.  Unless of course he did try to get the young man involved in prostitution.  Otherwise the sexual activity detailed so far, while a criminal offense, seems to have been excessively trumped up.  Also this law seems to possibly conflict with the age of consent from the state that the young man was/is resident in.  The intent of this enticement law seems to be to stop trafficking, exploitation and specifically prostitution, although "or any sexual activity for which a criminal offense can be charged" leaves quite a bit of wiggle room to permit prosecutors room for an excessive prosecution.  

Also, when was the last time a female having sex with an underage boy was actually prosecuted?  There have been some but they were invariably women (often teachers) exploiting elementary school kids.  I haven't even heard of a woman having sex with a middle school kid being prosecuted (although perhaps there have been) and certainly not with a high school kid, other than to loose their jobs, unless the hs kid was deemed not mentally competent.  

For example, the infamous case of the child actor JB at age 17 having had sex with a 37 year old actress in a hotel room in CA.  The age of consent for CA is 18.  The actress admitted that she did indeed have sex with JB but this was basically treated like a Hollywood tempest in a teacup.  The then 37 yr old actress was also a leader in the MeToo   group that accused Harvey Weinstein of his abuse.  There was indeed a major financial payment made to JB but nobody was talking about 10 years in prison for the actress.

 

Edited by fuckholedc
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Posted

I am going to have to disagree with your analysis. Unless he had shitty legal representation, they would not have allowed him to plead out to a charge unless in their estimation this was his best path. Although I do agree that if the child porn case was ironclad, they would have pursued it. Someone in his legal team made the judgement that the chance of the porn conviction was high enough that it was not worth risking. 

Posted

And please remember that the distribution of CSAM (Child Sex Abuse Material) is via things like Telegram or Session is nearly as bad as actually committing rape against a kid. If there was no demand for CSAM people would make far less of it. 

I use BDSMLR a lot and some of what is presented to me on my feed sometimes creeps me the fuck out. I never reblog something that's even borderline. I'm not generally into young men (under 20)  so I don't get a lot of it, but it's out there. 

 

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