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Defendant Joseph, a married father communicated in chat rooms with individuals who claimed to be female minors. One individual said she was thirteen years old but actually was an agent. Often, chatters become curious about who is ‘behind the screen.’ There are many methods chatters use to ‘de-mask’ the other participant: such as asking for a photograph, attempting a phone conversation, asking for information that can be independently verified or even attempting to meet in a public space.” , 542 F.3d at 22. After his conviction, a Second Circuit majority reversed based on instructional error. thesis on Internet sexual communications and extensive interviews and studies on chat-room conversations focusing on sexual behavior on the Internet.
He was arrested when he arrived at a pre-arranged meeting place. However, in remanding the case, majority suggested the trial court reconsider the excluded expert testimony. The expert testimony would assist the jury since it was “unlikely that the average juror is familiar with the role-playing activity” and the expert could explain in the context of sexually oriented conversations on the Internet.
After being arrested for using the Internet to solicit sexual activity with a person the defendant believed to be a minor, can the defendant present expert testimony about Internet “role-playing” to support his defense that he thought the person he communicated with on the Internet was an adult?
A divided Second Circuit panel recently addressed this issue and answered in the affirmative.
Enforce the rules all the time and make them apply to everyone or just don't bother.
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