Posted by: santoshgiri December 18, 2006
Nepali arrested in US for Internet Sex
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Hi, I have been following this thread for a while and have the following to share. I am not a lawyer as of today but in verge of becomming one in CA, provided that I pass the bar this july. I am a lawyer from Nepal and based on the universal principles of law, i would like to share the following, without any bias: Similar incident happened a while ago. A Nepali student was deported based on similar situation.The accused was arrested on charge of intent to have sex with a "13-year-old girl" he had met in an Internet chat room. The girl turned out to be an undercover officer from the Ashland County Sheriff's Department. He was convicted of using a computer to facilitate a child sex crime . Deportation is part of Operation Predator, an ongoing ICE enforcement initiative to protect children from pornographers, child prostitution rings, Internet predators, alien smugglers, human traffickers, and other predatory criminals. Since this initiative began in July 2003, ICE agents have arrested more than 6,900 individuals nationwide, including more than 340 in Illinois. ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators. However, it is debatable whether 'luring' someone fictiously and being a part of it is protected constitutionally or not. It is also known as Fantasy Defense. For example in some of the cases, th accused are set free based on the assumption that the intent was fictious and that the accused knew that the person posing as a minor is infact an adult. "In fact, some defendants have successfully avoided prosecution under the pedophile luring laws by using a so-called "fantasy defense." Patrick Naughton had been engaging in sexual correspondence over the Internet with someone claiming to be a thirteen-year old girl. Naughton wrote to his chat partner that he wanted her to join him in a hotel room and strip for him. The two arranged a meeting, but when Naughton found out his online chat partner was actually an FBI agent, he claimed he never really believed that she was a minor, but instead someone merely playing the role of a young girl. Even though Naughton traveled from Seattle to California to meet his online pen pal, the jury believed his fantasy defense and acquitted him." See- http://www.law.duke.edu/journals/dltr/articles/2005dltr0016.html
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