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Recently four New York judges decided soliciting sex from children is not a crime unless photos and/or images depicting sexual acts are involved, given the way New York's laws are written.
From the Monday Aug. 7 O'Relly Factor Flash;
Unresolved Problems Segment
Child predator acquitted on appeal
Guests: Fox News chief judicial analyst Judge Andrew Napolitano & attorney Wendy Murphy
The Factor explained a strange case we've been following: "In July 2005, lawyer Jeffrey Koslow was convicted of giving explicit sexual material to what he thought was a 14-year old boy. Cops nailed Koslow through an Internet sting. He was sentenced to five years probation, labeled a sex offender. But on appeal, four judges in the appellate court here in New York said Koslow committed no crime because he didn't send the imaginary 14-year old any pictures. The judge then tossed out the conviction."
Attorney Wendy Murphy said, "The silliness is so obvious to me because the law says you can't send material that 'depicts' sexual conduct. Way back in 1913 Webster's says 'depicts' includes words that vividly describe something. So there is no question that the legislature intended this to cover the dissemination of both images and words."
FNC Chief Judicial analyst Judge Andrew Napolitano disputed Murphy's contention: "The Supreme Court has ruled many times that depiction means a photograph or an image. If a legislature wanted to prohibit words it would have said words. And we all know that if a statute is ambiguous the defendant wins and the government loses."
The Factor was incredulous: "If this holds up, you're going to put every child in New York State in danger because the legislature didn't have the right word. This is pinhead stuff."
Bill O'Reilly, Judge Andrew Napolitano and attorney Wendy Murphy of Fox News did a segment on this development and repeatedly informed a national audience that it would be an uphill battle to get this law changed in New York to something useful and practical for protecting children, because of corruption in New York's legislature lead by Assembly Speaker Sheldon Silver.
Beyond this small circle, why do I expect to find that virtually nobody else in state media with access to such an audience will lay the blame for our lax and inadequate laws where it belongs----on Speaker Silver and those Assembly members who re-elect him to the powers of Assembly Speaker knowing the legislation he can be counted on to obstructs every year they enable him to do so.
If most other states that need to update their laws (so that the roughly 90% of predatory solicitation of children for sex that does not involve photos and images is once again illegal), and New York remains among the last to up date, will the nation's internet chat room pedophiles concentrate on the children of the predator friendly states?
If New York moves with unprecedented speed to fix this problem, credit those of you who acted to empower the public with the knowledge needed to influence our government via the power of their informed vote.
If those of us who have fought in our legislatures and our media to make this a safer state, take this struggle to a higher level this election year, there is still time to expose some of our more corrupt legislators and officials that they may be voted out of office. Even if they just have to sweat about the exposure and work harder to get re elected, those who remain might take the hint and recognize they now have to carry out their legislative duties as they were elected to do.
Our efforts the next few months may yet make a decisive improvement in how this state is governed, and how our laws serve those who live and visit here. 8-12-06
© 2006 North
Country Gazette
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OpEd - Judges Excuse Sexual Solicitation Of Children
