The Champion

September October 2002 , Page 26 

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Internet Sexual Entrapment

By Martin G. Weinberg; Kimberly Homan; Cathy Green; Steven Gordon

 

PART 2

In a California case which led to a great deal of publicity but produced no reported opinion, the defendant took the stand in his own defense and, in support of his contention that he did not really believe that his cyberpal was 13 years old, pointed to the general level of sophistication of “her” communications — it was actually a male FBI agent — including witty repartee and adult references. The defense theory in that case was that the defendant had not traveled with the intent to engage in sex with an underage girl but, instead, was, over the course of his six-month chatroom acquaintance with KrisLA and in going to meet her, playing out an extended fantasy game. The jury was unable to reach a verdict on the 18 U.S.C. § 2423(b) count. Ultimately, however, the defendant pled guilty to the § 2423(b) charge.1

 

Other potential defenses in foreign traveler cases

A. The Thought Crime Problem

A similar, but even more serious, thought crime issue arises in the context of foreign travel

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