# Rep. Mark Foley resigns over e-mails to teenage boys -- repercussions?

**URL:** <https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735>\
**Category:** Great Debates\
**Created:** [September 30, 2006, 2:28pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735 "2006-09-30T14:28:02Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Enginerd](https://avatars.discourse-cdn.com/v4/letter/e/bcef8e/32.png) [@Enginerd](https://boards.straightdope.com/u/Enginerd)\
**Post date:** [September 30, 2006, 7:28pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/21 "2006-09-30T19:28:26Z")

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[QUOTE=Bill Door]  
The report I saw said that Foley’s name would remain on the ballot, and his votes would be counted toward the new Republican candidate, who will be picked by the party[(Link Here)](http://www.time.com/time/nation/article/0,8599,1541195,00.html?cnn=yes) .  
[/QUOTE]

I just don’t understand this. The fact that he resigned his seat doesn’t make him an ineligible candidate. How can the state count votes for one eligible candidate toward the total of another?

For example, Democrat Paul Sarbanes is retiring from his Senate seat in Maryland. Democrat Benjamin Cardin came out ahead of other candidates to win the primary election. Yet if I were to write in Paul Sarbanes as my choice for Senator, my vote wouldn’t be counted for Cardin. How can Florida simply change a voter’s choice that way?

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**Author:** ![squeegee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/squeegee/32/14537_2.png) [@squeegee](https://boards.straightdope.com/u/squeegee)\
**Post date:** [September 30, 2006, 7:28pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/22 "2006-09-30T19:28:44Z")

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[QUOTE=kellner]  
This non-American has a stupid question. Of course such a scandal can end a political career but did he do anything illegal? The articles that I’ve read didn’t make that clear.  
[/QUOTE]

At the very least, he violated the [Adam Walsh Child Protection and Safety Act of 2006](http://www.govtrack.us/congress/billtext.xpd?bill=h109-4472) (hat tip to [Glenn Greenwald](http://glenngreenwald.blogspot.com/) ), a law that makes it a crime to prey on minors on the internet, a bill that Foley was crediting with helping to write.

[Here](http://www.talkingpointsmemo.com/archives/010064.php) is a picture of Foley, **then-chair of the House caucus on missing and exploited children** , standing behind President Bush as this law was signed.

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**Author:** ![Apos](https://avatars.discourse-cdn.com/v4/letter/a/838e76/32.png) [@Apos](https://boards.straightdope.com/u/Apos)\
**Post date:** [September 30, 2006, 7:28pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/23 "2006-09-30T19:28:44Z")

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Ironically, he himself passed legislation that would make his prosecution more likely.

I think things look especially bad for the credibility of John Boehner. He’s gone from “I told Hastert and he assured me that it was being taken care of” to “I don’t remember if I told Hastert’s staff” to “I definately did not tell Hastert.” I’m not sure how he’s going to explain that one, unless there is some very serious confusion over different but similar events.

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**Author:** ![Apos](https://avatars.discourse-cdn.com/v4/letter/a/838e76/32.png) [@Apos](https://boards.straightdope.com/u/Apos)\
**Post date:** [September 30, 2006, 7:37pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/24 "2006-09-30T19:37:59Z")

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[QUOTE=Enginerd]  
I just don’t understand this. The fact that he resigned his seat doesn’t make him an ineligible candidate. How can the state count votes for one eligible candidate toward the total of another?

For example, Democrat Paul Sarbanes is retiring from his Senate seat in Maryland. Democrat Benjamin Cardin came out ahead of other candidates to win the primary election. Yet if I were to write in Paul Sarbanes as my choice for Senator, my vote wouldn’t be counted for Cardin. How can Florida simply change a voter’s choice that way?  
[/QUOTE]

Well, in Florida, they have this crazy proceedure by which they pass these things called “laws” which allow them to define what happens in these sorts of circumstances.

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**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [September 30, 2006, 7:52pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/25 "2006-09-30T19:52:30Z")

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[QUOTE=Apos]  
Ironically, he himself passed legislation that would make his prosecution more likely.

I think things look especially bad for the credibility of John Boehner. He’s gone from “I told Hastert and he assured me that it was being taken care of” to “I don’t remember if I told Hastert’s staff” to “I definately did not tell Hastert.” I’m not sure how he’s going to explain that one, unless there is some very serious confusion over different but similar events.  
[/QUOTE]

Hasert may have problems even with the backpeddling. Pages were warned (by whom?) about Foley, other pages had similar emails sent. It appears to have been - at least among the page staff - and open secret. I believe the leadership is responsible for the pages. So they were either blindly unaware of illegal activity happening around underage pages that (I believe) they were responsible for (even though the pages themselves seemed to know), or they were aware and didn’t do anything about it. Not sure I like what either statement means.

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**Author:** ![Apos](https://avatars.discourse-cdn.com/v4/letter/a/838e76/32.png) [@Apos](https://boards.straightdope.com/u/Apos)\
**Post date:** [September 30, 2006, 7:53pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/26 "2006-09-30T19:53:11Z")

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And a quite interesting tidbit. When Alexander learned of the chats, he contacted the RNC’s political congresisonal campaign wing. As Josh Marshall points out, this behavior is especially odd given that the offense involved a minor. An internet predator is caught, and you tell the POLITICAL wing all about it and the kid in question, violating his privacy by doing it outside of the ethics/law enforcement channel? It also means that the NRCC definately knew about this and was hoping to keep it under wraps under after the election.

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [September 30, 2006, 8:26pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/27 "2006-09-30T20:26:17Z")

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[QUOTE=levdrakon]  
Did he do that? I thought so far, he’s just a perv who likes to flirt with and talk dirty to minors. I don’t think being a dirty old man is a crime.

However, _using the internet_ to be a dirty old man is increasingly a crime in and of itself. I’m not a lawyer, I just watch Dateline NBC catch-an-internet-predator shows.  
[/QUOTE]

Well, I would think that cyber-sex would also count as being against the law-at least with a minor like that.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [September 30, 2006, 8:34pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/28 "2006-09-30T20:34:22Z")

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What is the relevent “age of consent” for homosexual relations?

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [September 30, 2006, 8:49pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/29 "2006-09-30T20:49:49Z")

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[QUOTE=Apos]  
Well, in Florida, they have this crazy proceedure by which they pass these things called “laws” which allow them to define what happens in these sorts of circumstances.  
[/QUOTE]  
Depends on which party the state Secretary of State is from, don’t it, Katherine?

> [@elucidator](#):
>
> What is the relevent “age of consent” for homosexual relations?

According to [ageofconsent.com](http://ageofconsent.com), it’s 16 in DC, but illegal in FL.

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**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\
**Post date:** [September 30, 2006, 9:01pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/30 "2006-09-30T21:01:03Z")

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You have to remember that among Republicans, most especially Republican voters, bigotry against gays is rife. Legally, the age thing might matter, but politically it’s a moot point. As has been pointed out, Foley has been found with a live boy, which means Foley is dead meat, which is why he resigned. And the fact that Hastert and his buddies hushed it up means they may get the taint, too, though we have yet to see how that’ll work out.

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**Author:** ![Apos](https://avatars.discourse-cdn.com/v4/letter/a/838e76/32.png) [@Apos](https://boards.straightdope.com/u/Apos)\
**Post date:** [September 30, 2006, 9:33pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/31 "2006-09-30T21:33:39Z")

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I’d certainly be interested in hearing if Foley has had any interesting thoughts on homosexuals and homosexuality.

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**Author:** ![Apos](https://avatars.discourse-cdn.com/v4/letter/a/838e76/32.png) [@Apos](https://boards.straightdope.com/u/Apos)\
**Post date:** [September 30, 2006, 9:38pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/32 "2006-09-30T21:38:08Z")

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Interesting: the concerned women of America have been afer Foley for quite some time it seems:

> **[Home](https://concernedwomen.org)**
>
> Concerned Women for America protects and promotes Biblical values and Constitutional principles through prayer, education, and advocacy.

I love the reference to the “nonhomosexual press.” I think that’s my new favorite name for the media. Except, of course, for the homosexual part of it.

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**Author:** ![levdrakon](https://avatars.discourse-cdn.com/v4/letter/l/49beb7/32.png) [@levdrakon](https://boards.straightdope.com/u/levdrakon)\
**Post date:** [September 30, 2006, 9:42pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/33 "2006-09-30T21:42:48Z")

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[QUOTE=Guinastasia]  
Well, I would think that cyber-sex would also count as being against the law-at least with a minor like that.  
[/QUOTE]

I don’t think so, but I could totally be wrong on that. AFAIK, cyber-sex, even with a minor, is more or less legal. You’re in trouble when you try to arrange a real-life meeting, or possibly if they can prove you _intended_ a real-life meeting.

As I see it so far, our good and honorable congressman said “I’d like to take your clothes off.” He didn’t say “come over to my house at 123 Anywhere St. this Friday at 6 PM and when you get here I _am_ going to take your clothes off.” Even then, I’m not sure any charges would stick.

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**Author:** ![squeegee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/squeegee/32/14537_2.png) [@squeegee](https://boards.straightdope.com/u/squeegee)\
**Post date:** [September 30, 2006, 9:46pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/34 "2006-09-30T21:46:17Z")

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It looks like a circular firing sqaud has started to form among the House leadership.

Rep. Tom Reynolds, head or the NRCC, is now [saying](http://news.yahoo.com/s/ap/20060930/ap_on_go_co/foley_reynolds;_ylt=AhsYIpn2NbOASv121l8eUXes0NUE;_ylu=X3oDMTA3b2NibDltBHNlYwM3MTY-) that he told Denny Hastert about Foley-the-Page-Predator months ago. This after Boenher said the same thing and then denied it.

Democrats are going after Reynolds, so Reynolds is throwing Hastert under the bus.

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**Author:** ![Marienee](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@Marienee](https://boards.straightdope.com/u/Marienee)\
**Post date:** [September 30, 2006, 9:57pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/35 "2006-09-30T21:57:26Z")

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[QUOTE=levdrakon]  
I don’t think so, but I could totally be wrong on that. AFAIK, cyber-sex, even with a minor, is more or less legal. You’re in trouble when you try to arrange a real-life meeting, or possibly if they can prove you _intended_ a real-life meeting.

As I see it so far, our good and honorable congressman said “I’d like to take your clothes off.” He didn’t say “come over to my house at 123 Anywhere St. this Friday at 6 PM and when you get here I _am_ going to take your clothes off.” Even then, I’m not sure any charges would stick.  
[/QUOTE]

The only kid I found any information about lives in Louisiana. I could make quite a good argument that the crime took place in Louisiana, and in Louisiana the age of consent is 17. “Computer aided solicitation of a minor” in Lousiana carries a fine of up to $10K and a hard labor prison term of 2 to 10.

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**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\
**Post date:** [September 30, 2006, 10:00pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/36 "2006-09-30T22:00:14Z")

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What’s this feeling? This strange, beautiful emotion? Is it…schadenfreude? Could it be?

I so love watching the Republican House leadership fall to pieces…

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**Author:** ![levdrakon](https://avatars.discourse-cdn.com/v4/letter/l/49beb7/32.png) [@levdrakon](https://boards.straightdope.com/u/levdrakon)\
**Post date:** [September 30, 2006, 10:18pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/37 "2006-09-30T22:18:56Z")

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[QUOTE=Marienee]  
The only kid I found any information about lives in Louisiana. I could make quite a good argument that the crime took place in Louisiana, and in Louisiana the age of consent is 17. “Computer aided solicitation of a minor” in Lousiana carries a fine of up to $10K and a hard labor prison term of 2 to 10.  
[/QUOTE]

But what was the crime? Solicitation? Solicitation of what? Did he actually ask for sex, or just talk dirty? The only thing I can think of is requesting a photo. But what sort of photo did he request? The teenager in his underwear? Naked? Or just a school yearbook-type photo? Or even just a candid, but fully clothed photo?

If he used the internet to request a semi-nude “erotic” photo from a minor, he’s probably in trouble. Most of what I’ve heard is people getting busted for _sending_ nude photos of minors though. I think it’s tougher to convict someone for receiving photos, unless maybe you’re requesting specific, yucky things.

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**Author:** ![Wee\_Bairn](https://avatars.discourse-cdn.com/v4/letter/w/90db22/32.png) [@Wee\_Bairn](https://boards.straightdope.com/u/Wee_Bairn)\
**Post date:** [September 30, 2006, 10:24pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/38 "2006-09-30T22:24:16Z")

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Any chance this will make Republicans more tolerant of homosexuality?

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**Author:** ![The\_Scrivener](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@The\_Scrivener](https://boards.straightdope.com/u/The_Scrivener)\
**Post date:** [September 30, 2006, 10:31pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/39 "2006-09-30T22:31:28Z")

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I’m wondering about the jurisdictional issues. You’ve got a congressman who probably maintains dual residencies (D.C. and Florida), a number of pages from god knows how many different states, who the C-man knows from work in D.C. but who may be living in either D.C., Virginia or Maryland during their internships; plus likely differences in criminal statutes between the federal ones applying to D.C. and the various states’ codes.

How do you determine what state (or D.C.) has jurisdiction WRT a dirty email or phone call under such circumstances?

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**Author:** ![Gadarene](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@Gadarene](https://boards.straightdope.com/u/Gadarene)\
**Post date:** [September 30, 2006, 10:35pm UTC](https://boards.straightdope.com/t/rep-mark-foley-resigns-over-e-mails-to-teenage-boys-repercussions/374735/40 "2006-09-30T22:35:30Z")

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> [@](#):
>
> How do you determine what state (or D.C.) has jurisdiction WRT a dirty email or phone call under such circumstances?

By making it a federal crime, as noted above.

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