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Old 01-13-2019, 11:40 AM
Pantastic Pantastic is online now
Join Date: Sep 2015
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Originally Posted by Joey P View Post
I also understand that this is probably someone you want off the streets. My issue has always been that since it's not an underaged kid he's talking to, no underaged kid has ever been involved in any part of this, can't he argue that he knew the person he was talking to wasn't an underaged kid, even if "she" said she was?
Generally the laws are phrased so that the crime is engaging in sexual talk or arranging to meet to engage in sexual activity with a minor or someone the defendant believes is a minor. So in order to establish that a crime happened, the prosecutor needs to show only that the person had enough information in the chat that it's clear they thought they were making arrangements with an underage person, like the 'underaged' person stating their pretend age and the defendant acknowledging it. The exact details vary state to state, and various specific wordings have fared differently in appeals courts, but in general this works fine legally speaking.