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Congress will have to define “sexual activity” more broadly than “sexual act” if it wants to bring the kind of behavior engaged in by the defendant in this case within the prohibition of section 2422(b) via the fondling and child-solicitation offenses found in the Indiana criminal code, when the defendant neither made nor, so far as appears, attempted or intended physical contact with the victim.
At trial, Taylor's defense was that he thought the person “elliegirl1234” with whom he was having these online conversations was an adult, and the idea that he was engaging with minor was a fantasy.
The fondling statute provides, in relevant part, that it is a crime when an adult “touches or fondles the person's own body; in the presence of a child less than fourteen years of age with the intent to arouse or satisfy the sexual desires” of either the child or adult.
He did not argue that using a webcam did not place him in the presence of a minor, and thus he could not be convicted under § 35–42–4–5(c).
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E.2d 687, 689 (1993) (“Through the forces of modern electronic technology, namely the video camcorder, one can constructively place himself in the ‘presence’ of another.”); State v.
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“This venerable rule [the ‘rule of lenity,’ as it is called] not only vindicates the fundamental principle that no citizen should be held accountable for a violation of a statute whose commands are uncertain, or subjected to punishment that is not clearly prescribed.
I do, however, agree that there are serious problems with this case: I do not believe that Jeffrey P.