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Prosecutors have already won a conviction against a third man involved in the ring.

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He contends rather that such conduct is not “sexual activity” within the meaning of the federal statute, and therefore that his conviction—which was solely for violating federal law—should be quashed. But that is not argued (it would make the express reference to prostitution in the statute redundant, though many statutes are littered with redundancies), and anyway there is a separate provision for enhanced punishment of sex-crime recidivists. Congress elsewhere has defined “sexually explicit conduct” to include masturbation, but that's in a statute (18 U. (Maybe the defendant in this case could have been charged with attempting to produce child pornography because he asked the supposed minor to masturbate for him on her webcam. The only fondling that Taylor solicited was for “elliegirl1234” to touch herself, apart from him. As the Supreme Court has cautioned, the rule that “a word is known by the company it keeps, while not an inescapable rule, is often wisely applied where a word is capable of many meanings to avoid the giving of unintended breadth of the [legislature].” National Muffler Dealers Ass'n, Inc.

This is more than forfeiture; it is waiver; for he emphasizes the breadth of the Indiana statutes in order to bolster his claim that they should not be deemed absorbed into the federal statute. That takes the case out of the typical solicitation scenario where an adult solicits a minor to meet and engage in sexual conduct, Laughner v.

Mannava, 565 F.3d 412, 414–15 (7th Cir.2009); United States v. Congress cannot know in advance what conduct the state will decide to make criminal: if Indiana made leering a crime, and “sexual activity” were defined as broadly as the U. Attorney asks us to define it in this case, a minor offense would subject the offender to a 10–year minimum prison sentence. Last the government cites cases in which courts have referred to masturbation as a form of sexual activity. 424 (10th Cir.2005), involved facts similar to those of this case, but again masturbation was merely assumed to be sexual activity within the meaning of section 2422(b). “[T]he tie must go to the defendant.” United States v. In sum, for Taylor to be convicted of fondling under § 35–42–4–5, the government had to prove that he was in the presence of a child. The first way would proscribe any solicitation of a child to fondle herself, even if it is at a location and time apart from the adult.

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