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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, in violation of 18 U. In July 2005, Joseph visited an Internet chat room called “I Love Older Men,” where he initiated a conversation with an individual with the screen name “Teen2Hot4U,” who purported to be a 13-year-old girl named “Lorie.” “Teen2Hot4U” was in fact Stephanie Good, a 55-year-old woman who spends 20 to 50 hours a week surfing the Internet for those she believes to be sexual predators and reporting her finds to the FBI. Brand, 467 F.3d 179, 183 (2d Cir.2006) (reporting Ms.
“Julie” asked 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.[Joseph]: Not okay? On cross-examination, Yana testified that her husband was a member of an Internet group called “Muscleteens,” which, according to her, solicits pictures of muscular girls between the ages of five and twenty. He explained that “DSax25” was “an idealized version of what ․ Dennis Joseph can't do but can on the [I]nternet.” He testified that he browsed the Internet looking for female bodybuilders.
(Paul Shechtman, Stillman, Friedman & Shechtman, P. On August 31, Joseph sent his final message to “Julie,” and they agreed to meet outside the Franklin Street Station Café. His wife, Yana, testified about Joseph's interest in muscular women and his Internet addiction to sexual fantasy role-play.
By its verdict, the jury obviously rejected his defense. The District Judge instructed the jury on each of the three elements of the crime: (1) use of a facility or means of interstate commerce; (2) use of the Internet to knowingly attempt to persuade or entice a person whom the defendant believed to be under 18 years of age; and (3) that if sexual activity had occurred, the defendant could have been charged with a crime under New York Law.
Discussion The Appellant seeks a retrial because of an alleged error in the jury charge and several evidentiary rulings claimed to have denied him a fair trial. Jury charge Joseph contends that the trial judge committed reversible error by giving a jury charge that permitted a conviction on either of two bases, one of which is not an offense. The Appellant challenges the instruction elaborating on the “enticing” element:[T]he second element the Government must prove beyond a reasonable doubt is that the defendant used the [I]nternet to knowingly attempt to persuade or entice a person who the defendant believed to be under the age of 18 years to engage in any sexual activity.․Now, as for the terms “persuading” and “[e]n[t]i[c]ing,” I charge you that these words are common usage and should be given their common meaning. Ed.2d 371 (1991); 2A Wright, Federal Practice and Procedure, § 485, at 382 n. “[A] conviction under § 2422(b) requires a finding only of an attempt to entice or an intent to entice, and not an intent to perform the sexual act following the persuasion.” Brand, 467 F.3d at 202.
Using the screen name “DSax25” and describing himself as a 40-year-old professional musician, Joseph had approximately 50 instant message and email chats with Good, almost all of which he initiated.
Good's Internet chat-room conversations using the screen name “Sara”).Persuade means to move by argument or entreaty or expostulation to a belief, position, or course of action-wow, that is a mouthful. Most of the jury instruction on the “enticement” element properly reflects the required focus on attempting or intending to entice.The term “entice” means to wrongfully solicit, persuade, procure, allure, attract, coax, or seduce, or to lure, induce, attempt, incite, or persuade a person to do a thing. The instruction states that the Government need show only “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[.]” However, the alternative basis for conviction in that instruction-“or made the possibility of a sexual act with him more appealing”-does not reflect the requirement of an intent to entice.He claimed that when he joined 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.He also stated that the few times he looked at the site, the pictures had changed, and that each time they were “predominately 19, 20, 21 and maybe 18-year-old bodybuilders.” Joseph claimed that he stopped visiting the site when “it started to change.”On rebuttal, the Government called Special Agent Sean Watson of the FBI who testified that in June 2006, shortly before Joseph's trial, Watson had joined the Muscleteens group in an undercover capacity and had viewed all of the pictures posted in that group before August 31, 2005, the date of Joseph's arrest. ” “Lorie” sent Joseph a picture, depicting Good at age 13 or 14 years.Tags: Adult Dating, affair dating, sex dating