Floyd county chat room
“Role Playing” in Cybersex Conversations Could be a Legitimate Defense in § 2422(b) Internet Solicitation Cases By: Houston Criminal Defense Lawyer John Floyd and Mr. On September 9, 2008 the United States Court of Appeals, Second Circuit, reversed the conviction based on an erroneous instruction the trial judge gave to the jury. After a seven-day trial in April 2006, a mistrial was declared when the jury was unable to reach a verdict. On December 21, 2006 Dennis Joseph was convicted of violating § 2422(b) in the United States District Court for the Southern District of New York and sentenced to a term of 97 months in a federal prison. In August 2005, he was arrested for using the Internet to solicit a person he believed to be a minor to engage in sexual activity …You may bring documents into this office for recording or send them by mail to: Clerk of Superior Court Attention: Deed Room Suite 103 3 Government Plaza Rome, GA 30161 It is advisable to have an attorney when filing legal papers to insure that the rights of all parties are protected and that all procedures are correctly followed.
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Most of the conversations were explicitly sexual and mentioned sexual acts that Joseph stated he would perform with ‘Lorie.’ In one conversation Joseph mentioned he would be interested in meeting ‘Lorie’ and asked, ‘[L]et’s just say … “In a subsequent message, ‘Lorie’ referred to her friend ‘Julie,’ who was in fact FBI agent Austin Berglas posing as a 13-year-old girl.
Joseph asked for a picture of ‘Julie’ and suggested that ‘Lorie’ give ‘Julie’ his email address.
The two exchanged various emails coordinating the meeting the next day. He indicated to the agent that he believed “Julie” was actually 13 years old but that he had no intention of having sex with her.
On August 31, Joseph sent his final message to ‘Julie,’ and they agreed if he was ‘really gonna be there’ because she did not ‘wanna be standing there waiting,’ and Joseph replied, ‘I can’t promise anything cause I’m still nervous and I don’t know how I will actually feel when I see you. ’ The remainder of the conversation, as reported by Berglas during his testimony, was as follows: “[‘Julie’]: No. 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.