Text 18436, 94 rader
Skriven 2011-05-08 18:47:39 av Roy Witt (1:387/22)
  Kommentar till text 18383 av Bob Ackley (1:300/3)
Ärende: I wanna!
================
06 May 11 06:05, Bob Ackley wrote to Roy Witt:

 MvV>>>>> Menno Blom was HERE in The Netherlands when the cop approached
 MvV>>>>> him. So he was subject to our law and our law only. And by OUR
 MvV>>>>> law, it was entrapment.

 GP>>>> Okeydoke, great and all, but what about the laws he broke here?

 BA>>> He didn't break ANY US laws while he was in the US.

 RW>> Sure about that?

 BA> Yep.

Then you must not know your criminal law...

 RW>> "Members of the Internet Crime unit say that thanks to the
 RW>> pornographic images and realtime video footage of Blom engaging in
 RW>> lewd conduct, his conviction looks set in stone.

 BA> He didn't send those when he was in the US.

Doing so showed his intent. Were he to follow up with a visit to the
victim, he's subject to the criminal code he violated.

 RW>> The unit specialises in tracking child sex offenders who use the
 RW>> Internet to attract their victims. Blom is the third foreign
 RW>> national to be arrested by the unit.

 RW>> Blom is facing a federal charge of crossing state lines with the
 RW>> intention of having sex with a minor, and if convicted could face
 RW>> 15 years in a Chicago jail."

 RW>> Instead, he spent 2 years in a federal jail.

 BA> Oh, I know he was convicted and jailed.  IMO the US was wrong to do
 BA> that.

Not in mine. He's no different than any of the other persons caught
soliciting sex from a minor in such a sting.

 BA> In point of fact I think that luring somebody across state lines like
 BA> that is wrong.

You're mostly alone in that thought. The majority of Americans don't agree
with you.

 BA> Some years back - long before there was an Internet - the police in
 BA> Bellevue, Nebraska, lured a pedophile from Minneapolis down to
 BA> Bellevue to meet a "15 year old boy.," and on his arrival arrested
 BA> him.  He was tried, convicted and jailed.

Good so far.

 BA> I fail to see how the children of Nebraska were protected from a
 BA> pedophile in Minneapolis.  One would think the Bellevue police should
 BA> have notified their colleagues in Minneapolis and let THEM lure the
 BA> guy in.

So you're saying that the pedophile had no choice but to cross state
lines in persuit of a 15yo for sexual favors? Was he forced to do that at
the point of a gun or did he do it on his own free will?

 BA> I also have a problem with the government's prosecution of the sysops
 BA> of the old AMateur Action BBS in CA.

I don't.

Here is the law. The statutes the Thomases violated are: 18 U.S.C. Section
1462 (which outlaws the transporting of obscene material via common
carrier) and 18 U.S.C. Section 1465 (which covers transporting obscene
material in interstate or foreign commerce).

Obscene material is defined by employing the Supreme Court test
articulated in Miller v. California (413 U.S. 15 (1973)). The test asks
whether the work, as a whole, is designed to be sexually arousing in a
"patently offensive" way, whether the material portrays acts whose
depictions are specifically prohibited by state law, and "whether the
work, taken as a whole, lacks serious literary, artistic, political, or
scientific value."

Most importantly, the measure in applying this test is to be what the
"average person," applying "community standards," would find satisfies the
elements of the test.

I take it that you're not in agreement with what an 'average person' would
apply as community standards. Is that because you live in the country?

                R\%/itt

  Fox News was not used as a source for information in this message!

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