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Category: Sex Crimes. On September 9, the United States Court of Appeals, Second Circuit, reversed the conviction based on an erroneous instruction the trial judge gave to the jury. See: United States v. The Second Circuit outlined the facts of the case as follows:.

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In Augusthe was arrested for using the Internet to solicit a person he believed to be a minor to engage in sexual activity … After a seven-day trial in Aprila mistrial was declared when the jury was unable to reach a verdict. The two exchanged various s coordinating the meeting the next day.

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Josephsupra, Slip Opinion at [internal citations omitted]. After being advised of his rights, Joseph told Berglas that he had come downtown to meet a girl he had met while chatting on the Internet. He said he wanted to warn her against talking to older men on the Internet about having sex. At the retrial, attorneys for Joseph sought to portray him as a man with a proclivity for muscular women who used the Internet for role-playing, who never knowingly communicated with a minor. Joseph took the witness stand in his own defense. The Second Circuit explained:. He claimed that when he ed there was a picture on the front cover of a bodybuilder who was 19 or 20, and that he did not recall seeing pictures of younger girls.

Over a defense objection, the prosecution was permitted to introduce pictures of young girls from the group. By their verdict, the jury obviously rejected his defense. The judge charged the jury that the Government had to prove that Joseph used the Internet to knowingly attempt to persuade or entice a person he believed was under 18 years of age to engage in sexual activity. The government only needs to show, beyond a reasonable doubt, that the defendant attempted to convince or influence the person he believed was a 13 year old girl to engage in a sexual act with him, or made the possibility of a sexual act with him more appealing.

BrandF. The court explained:. He claimed that he agreed to meet her only to see if she was an adult role-player or reallyand that, if she turned out to behe would do nothing further. And that, ladies and gentlemen, is a federal crime. As I expect the judge to instruct you, that means the government need only show that the defendant attempted to make the possibility of a sexual act with him more appealing to someone he thought was a minor.

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RashovskiF. In Rashovskithe defendant argued that the evidence was insufficient to convict him of enticing women to come from Russia to the United States for the purpose of prostitution. The Joseph case illustrates the prevalence of cybersex conversations on the Internet.

The anonymity of cyberspace travel is appealing to individuals with particular sexual idiosyncrasies who are uncomfortable sharing them in face-to-face human encounters.

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Joseph attempted to use Dr. His testimony would have clarified for the jury the realities and motivations of role playing via chat-rooms and s. The trial court rebuffed Dr. The appeals court suggested:. Herriot was prepared to explain in the specific context of sexually oriented conversation in cyberspace.

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