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    hjpan's Avatar
    hjpan Posts: 902, Reputation: 29
    Senior Member
     
    #1

    Jan 2, 2009, 07:19 PM
    Was friend a decoy. I got effed over
    I met this friend about a year ago from another friend whom I don't talk to anymore. Anyway, I never talked to the girl cause she's underaged (she is 14 but told me she is 15, I am 20). We were not close at all and I don't remember her at all. I called her up and we talked a bit; she sent a friend request and I accepted it. Since then, we commented each other on myspace. Out of the blue one day, we talked a bit and all of a sudden, we're talking for a long time. Moving into a few months by, she began to talk about sexual stuff and her fantasy; she said she wanted to do it with me and I told her off. Consistently, she bombarded me with sex so I finally agreed (but I told her it's not happening in real life.)

    Few more months pass by, we were our normal selves. Winter comes by and she says she wants to come to my state (Cali) and she is in Oregon. Being stupidly and way too trusted to the "friend," I got her round trip tickets from the Dec. 30th till Jan 2nd. Few days before, I received a few text messages about she doesn't want to go back home; she wanted to fly down and never return home. I calmly talked to her about how problems are usually temporary and just let it off during her stay.

    I told my friend a month before about the plan and we agreed that no sex was occuring; if any sex occurs, it'll be at a hotel/motel.

    Skipping down to the situation..

    I went to the airport to go pick up 'the friend.' Well, I was greeted by a bunch of undercover cops and arrested. I didn't resist and an special investigation unit officer interviewed me. I told them what I know...

    When I was questioned about sex, I told them I had condoms in my bag. They asked why I had condoms in the bag and I told them it was going to be New Years... parties are everywhere and so are girls~ Then I was asked if I would have sex with my "friend' and I told him I'm not stupid to fall for an underage female; the ticket was a gift.. nothing else~ condoms were for parties in case I meet some girls and beer for my birthday.
    AND I AM CHARGED PENAL CODE 288.3 for "communicating with a minor" as well as a felony.

    I spent 3 days behind bars.... on New Years and my birthday~

    I was bailed out on the 1st and I talked to my sister. Turns out the special investigator confiscated my phones, laptop, and an old camera. She told me that the investigator had told her my friends' mom found out she was running away the day before actual event.

    so AMHD law professionals.....

    I have a few Q's regarding this incident..

    1. Am I able to argue/defend my side of view?
    2. What can I do to prove that there was no intention of sexual activity with my "friend"
    3. The investigator told my sister that I may be going to federal court. Is this possible?

    please help~
    Thank you!

    Of course, I did not contact the "friend" after the situation.
    hjpan's Avatar
    hjpan Posts: 902, Reputation: 29
    Senior Member
     
    #2

    Jan 2, 2009, 07:24 PM
    Deportation from US
    I recently encountered some troubles in the US. Currently, I am a permanent resident/Green Card holder but I was told that I may face deportation. What may I do so I would not be deported?

    Previous:
    https://www.askmehelpdesk.com/crimin...er-298335.html
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #3

    Jan 2, 2009, 07:34 PM

    Even though you had no intention of having sex with her you are 20 she is 15. That at the very least is intent to aide and harbor a minor and 'transporting' her across state lines.
    Hopefully they will see through messages that you were not trying to do anything criminal except where you said that if anything happens it will be at a hotel/motel. The messages they get from your laptop may be your only defense. Anything you say now will only sound like you are trying to save your butt. Also the fact that you got a round trip ticket and stressed that she had to return home may be in your favor too--somewhat.

    I think it is possible and most probable you will go to federal court because you were in effect transporting a minor across state lines. One thing you can be thankful for is Oregon to Cali is only one state line. If it had been say Washington I believe they would consider that two counts being it is two states away. But in your case one state line is one too many anyway.

    As much as you have warned others here about jail bait I am surprised you fell for this.
    hjpan's Avatar
    hjpan Posts: 902, Reputation: 29
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    #4

    Jan 2, 2009, 07:59 PM
    Quote Originally Posted by N0help4u View Post
    Even though you had no intention of having sex with her you are 20 she is 15. That at the very least is intent to aide and harbor a minor and 'transporting' her across state lines.
    Hopefully they will see through messages that you were not trying to do anything criminal except where you said that if anything happens it will be at a hotel/motel. The messages they get from your laptop may be your only defense. Anything you say now will only sound like you are trying to save your butt. Also the fact that you got a round trip ticket and stressed that she had to return home may be in your favor too--somewhat.

    I think it is possible and most probable you will go to federal court because you were in effect transporting a minor across state lines.

    Well, I did not book a motel/hotel room cause my friend changed his mind and decided to let us stay at his place for the night (never happened). Secondly, I do not know what she was doing... I have no idea she was running off =/. On my laptop, there are few porn sites, a lot of music files, 2 nude pics of a 21 year old chick, games...

    I have never had any sexual activities with the "friend"... only gave advise which is not illegal since it has no ties of committing sexual activities. I spoke to a lawyer who says my case may be simple but the puzzles are mixed up since I do not know the intentions of the 'friends' motive and my motive was not sex with the 'friend' but possible sex with an 18+ year old girl from a party.

    The investigator is trying to charge me because I have a big handful of condoms in a brown lunch bag which I have explained that there is no intention of sex with the 'friend.'
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Jan 2, 2009, 08:06 PM

    Yeah as far as sex I don't think they can do too much with the intent angle. Especially when most of what you said was that you weren't planning on it with her. So they would have to prove you were specifically targeting her for the condom I would think. That you didn't book a room most likely won't help or hurt your case because a room doesn't have to be booked to be gotten. You can just walk into a hotel/motel and get one on the spot. But again they would have to prove intent.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 2, 2009, 08:33 PM
    Quote Originally Posted by hjpan View Post
    I recently encountered some troubles in the US. Currently, I am a permanent resident/Green Card holder but I was told that I may face deportation. What may I do so i would not be deported?

    Previous:
    https://www.askmehelpdesk.com/crimin...er-298335.html


    If you are found guilty of the charge of having sex with a minor you will serve time in jail and then you will be deported.

    There is no way around it.

    Get a good Attorney.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Jan 2, 2009, 08:44 PM
    The very least I see you getting is
    Intent to aide and harbor a minor
    One count of transporting a minor across state lines

    Usually they will charge you with everything they can think of and then they hope that at least one or two of the charges will stick. It is hard to get charges of intent to stick but often they do manage to do that.
    hjpan's Avatar
    hjpan Posts: 902, Reputation: 29
    Senior Member
     
    #8

    Jan 2, 2009, 09:03 PM
    Quote Originally Posted by N0help4u View Post
    The very least I see you getting is
    intent to aide and harbor a minor
    One count of transporting a minor across state lines

    Usually they will charge you with everything they can think of and then they hope that at least one or two of the charges will stick. It is hard to get charges of intent to stick but often they do manage to do that.
    Thank you~

    But there are no charges of harboring...
    hjpan's Avatar
    hjpan Posts: 902, Reputation: 29
    Senior Member
     
    #9

    Jan 2, 2009, 09:04 PM

    Thank you~
    I am consulting with a good lawyer
    Throwback24's Avatar
    Throwback24 Posts: 44, Reputation: -1
    Junior Member
     
    #10

    Jan 2, 2009, 09:41 PM

    I'm very sorry, I hope you the best.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #11

    Jan 2, 2009, 11:54 PM

    This is a very serious issue.. the most important key is don't plead guilty ever! It will be used against you in deportation process. You need to consult both criminal attorney and immigration attorney.
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #12

    Jan 3, 2009, 12:53 AM
    >Threads Merged<
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #13

    Jan 3, 2009, 07:24 AM

    "I told my friend a month before about the plan and we agreed that no sex was occuring; if any sex occurs, it'll be at a hotel/motel."

    Unless I am misreading this, it sounds to me that you said "We wont have sex... but if we do it will be at a hotel" to a minor.

    Ignore this post if I misinterpreted that line. Otherwise in my opinion you left the door open to the possibility and that can be construed as intent. You don't have to actually commit a crime to be guilty if you have intent to commit. You might get lesser charges, but enough guilt is there to prosecute. Just ask anyone that has been caught trying to hire a hooker.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #14

    Jan 3, 2009, 07:32 AM
    Quote Originally Posted by hjpan View Post
    Thank you~

    But there are no charges of harboring...
    She was GOING to you so it would be intent
    But they can get you for aiding her to cross state lines and running away.

    Most of what they have is intent. You have to prove much of it was not your intentions.
    Party, yeah you can claim a lot of girls at the party and you were leaving her to her own at the party as opposed to her being your date or whatever.

    As lawanwadee said do not take a plea bargain or guilty cause it works against you in the end.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #15

    Jan 3, 2009, 07:55 AM

    Judy said "I had EXACTLY the same thought - wasn't going to have sex with her but if he did ... ? I see discrepancies all over the place here, particularly if this thread is read with other threads."

    Doubly incriminating is the fact that he mentioned that if it happened it would be at a hotel, implying, at least to most, that since he knew what he was doing was wrong, he was intent on hiding it.

    Bonus that just discussing sex with a minor is a crime...

    I don't see a happy ending (lots of pun intended) for the OP.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #16

    Jan 3, 2009, 08:02 AM

    Yep hopefully he will get it reduced to a minimum.
    Even if he can prove it was mostly her leading him on she is still a minor.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #17

    Jan 3, 2009, 09:02 AM
    Quote Originally Posted by stevetcg View Post
    Judy said "I had EXACTLY the same thought - wasn't going to have sex with her but if he did ... ? I see discrepancies all over the place here, particularly if this thread is read with other threads."

    Doubly incriminating is the fact that he mentioned that if it happened it would be at a hotel, implying, at least to most, that since he knew what he was doing was wrong, he was intent on hiding it.

    Bonus that just discussing sex with a minor is a crime...

    I don't see a happy ending (lots of pun intended) for the OP.


    And in view of previous "under age" (as well as other relationship/dating) questions and answers the seizure of the computer should be fascinating reading.

    I am prepared to be subpoeaned as part of the AMHD family. What's the weather like in California this time of year?

    I agree - I see a lot of problems here. Best idea - good Attorney, don't talk to Police. I would guess that anyone else who has/had any knowledge of this entire "relationship" is heading for the hills.

    (A BAG full of condoms? Big weekend planned?)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #18

    Jan 3, 2009, 09:04 AM
    Quote Originally Posted by N0help4u View Post
    yep hopefully he will get it reduced to a minimum.
    Even if he can prove it was mostly her leading him on she is still a minor.


    Exactly. If there were no minor, if it was all a frame involving Police personnel - the leading on part doesn't matter.

    Adults are supposed to have better sense than minors.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #19

    Jan 3, 2009, 09:06 AM
    Quote Originally Posted by JudyKayTee View Post
    Exactly. If there were no minor, if it was all a frame involving Police personnel - the leading on part doesn't matter.

    Adults are supposed to have better sense than minors.
    And as Judy said just what he has said here indicating he understands jail bait... Judy stop by 'n grab me on the way to Cali!!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #20

    Jan 3, 2009, 09:07 AM
    Quote Originally Posted by N0help4u View Post
    and as Judy said just what he has said here indicating he understands jail bait......Judy stop by 'n grab me on the way to Cali!!!!!


    Start packin' -

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