I've been reading the transcript of the obscene IMs that Representative Foley sent to a 16 year old boy over at the ABC News site (damn, there goes my boycott of ABC!). One thing that jumped out at me is that Foley was in a hotel in Pensacola, Florida when he wrote these particular IMs. Therefore, he is subject to the laws of the State of Florida in this matter.
I realize that the boy who received the IMs was probably in another state, and that the IMs crossed state lines, and thus federal laws may have been violated as well. But just to keep it simple, let's see what law Foley may have violated in the great State of Florida. Keep in mind that a minor is defined under Florida law as
a person under the age of 18 years, per Florida Statute 847.001:
847.001 Definitions.--As used in this chapter, the term:
(6) "Harmful to minors" means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:
(a) Predominantly appeals to the prurient, shameful, or morbid interest of minors;
(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(c) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
and
(8) "Minor" means any person under the age of 18 years.
I believe that Representative Foley violated Florida Statute 847.0138:
847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.--
(1) For purposes of this section:
(a) "Known by the defendant to be a minor" means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.
(b) "Transmit" means to send to a specific individual known by the defendant to be a minor via electronic mail.
(2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Foley may have committed sexual abuse aginst a minor under Florida law, but we won't know that until more emails and IMs emerge. At a minimum, I think he did violate the obscenity law cited above. Jeb Bush needs to instruct the Florida Attorney General to look into this matter and see that appropriate charges are brought against Representative Foley, and against any others who may have sought to obstruct justice in this case.