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View Diary: Foley's Follies. Step right up and see the man implode! (19 comments)

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  •  Good point (4+ / 0-)

    Everything I've read states it was consensual and that the page stood by Studds (how apropos). Foley I'm afraid was being more of a deviate and a hypocrite than an openly gay man having a consensual relationship. But, you are right, Studds' page was underage.

    •  Not underage (2+ / 0-)
      Recommended by:
      curtadams, bayside

      The age of consent for D.C. is 16.
      If Foley had given a 17-year-old
      a blow job, apparently that would
      have been legal.

      But the new federal law that Foley
      helped pass makes it illegal to
      solicit sex with a minor using
      the internet -- and that law defines
      the age of a minor as under 18.

      So what Studds did was NOT illegal,
      and NOT with a minor.

      What Foley did WAS illegal, with minors
      as defined in a bill he had a hand in
      and certainly knew its terms!

      •  I believe you are misreading the Walsh law (0+ / 0-)

        The Walsh law kicks into effect for anyone seeking to solicit illegal sexual activity with anyone under the age of 18. So if age of consent is 16, then the Walsh law does not make seeking sex with someone 16 illegal. At least that is the understanding I have of the way the law is written so as to not be in conflict with state age of consent laws, the majority of which have 16 as the age of consent. In D.C. the AoC is 16, though in Florida it is 18 where Foley was IMing the page from, according to the released transcript of the chat messages, and Louisiana it is 17 where the page was when he was chatting with Foley. So that makes it seem like it might be illegal under the Walsh law since the AoC is higher in the two jurisdictions. Now the legal murkiness is, does the content of the chats constitute a violation of AoC laws since it is not physical content, therefore breaking the law in either jurisdiction and thereby kicking in the Walsh Federal law? Further, do we know when and where the emails were sent from and do they break any laws?

        cheers,

        Mitch Gore

        Rule of Law (b. March 4, 1789 - d. September 28, 2006)

        by Lestatdelc on Mon Oct 02, 2006 at 09:21:20 AM PDT

        [ Parent ]

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