momentofpurity
Aug 30, 2009, 06:05 PM
My question is as in the subject. One individual is living in the United States in Illinois, and the other lives in Canada. However, this would be on the grounds of online sexual conduct.
Hypothetically, the two individuals are talking online through I.M and that turns into sex related discussions. Both individuals state that they are the age of 19. One individual emails the other one after a period of no dicussion and after a few days, they begin talking again. Sexual webcam actions are done through the invididual in Canada, and the other individual in the U.S never does anything graphical sexual on their webcam. Each individual reaffirms their age of 19. Discussion is ended shortly after.
A day later, the individual in Canada receives an email from the individual's mother in the United States, sending a copy of the previous online conversation as well. The email states that the individual in the United States was of the age of 13, though not once did the individual in Canada know or reasonably believe the U.S person was that age, nor would the Canadian person have willingly engaged in conversation knowing American individual was that age. The email also states that the copy of the conversation will be given to the police for investigations into online predator charges, and potentially child pornography charges.
Now, the individual in Canada has no history of child pornography, nor does the person condone it. The person does not possess child pornography nor has the person ever done anything related to child pornography. As well, the person would never have willingly talked to the individual knowing the person was a minor. There was also no intention on physical meeting and actual sexual relations.
So, if the email was a legitimate threat and it was given to the police for investigation, could the police in the United States charge and arrest the individual in Canada under online sex offences? Especially if the Canadian individual had sent an email or two, with the IP address in toe?
If so, would the Canadian be extradited to the United States for criminal charging? Would that criminal charge follow him to Canada? Would the Canadian individual have any defence against the potential charge, even though the Canadian would be entirely truthful and honest? What would the charges be? Would the age deception of the United States individual be considered during the investigation?
Thanks for the help!
Hypothetically, the two individuals are talking online through I.M and that turns into sex related discussions. Both individuals state that they are the age of 19. One individual emails the other one after a period of no dicussion and after a few days, they begin talking again. Sexual webcam actions are done through the invididual in Canada, and the other individual in the U.S never does anything graphical sexual on their webcam. Each individual reaffirms their age of 19. Discussion is ended shortly after.
A day later, the individual in Canada receives an email from the individual's mother in the United States, sending a copy of the previous online conversation as well. The email states that the individual in the United States was of the age of 13, though not once did the individual in Canada know or reasonably believe the U.S person was that age, nor would the Canadian person have willingly engaged in conversation knowing American individual was that age. The email also states that the copy of the conversation will be given to the police for investigations into online predator charges, and potentially child pornography charges.
Now, the individual in Canada has no history of child pornography, nor does the person condone it. The person does not possess child pornography nor has the person ever done anything related to child pornography. As well, the person would never have willingly talked to the individual knowing the person was a minor. There was also no intention on physical meeting and actual sexual relations.
So, if the email was a legitimate threat and it was given to the police for investigation, could the police in the United States charge and arrest the individual in Canada under online sex offences? Especially if the Canadian individual had sent an email or two, with the IP address in toe?
If so, would the Canadian be extradited to the United States for criminal charging? Would that criminal charge follow him to Canada? Would the Canadian individual have any defence against the potential charge, even though the Canadian would be entirely truthful and honest? What would the charges be? Would the age deception of the United States individual be considered during the investigation?
Thanks for the help!