ILNews

Judge examines definition of 'sexual activity'

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A federal judge in northern Indiana has refused to acquit or order a retrial for a man convicted of using the Internet to expose himself to what he thought was a 13-year-old girl, even though it's unclear whether the man actually committed a crime as defined by federal statute.

In a 15-page order released today in U.S. v. Donald L. Cochran, No. 2:06-CR-161 PS, U.S. District Judge Philip Simon in Hammond denied the motions by defendant Cochran, whose online actions in July 2006 led to his prosecution of coercing and enticement of a minor.

Cochran visited an "Indiana romance" chat room and started talking online with a person identified as a 13-year-old girl; however "Ashley" was actually a detective with the Purdue University Police Department conducting an undercover sting operation to catch child predators online. They communicated seven times during several weeks, and more than once Cochran was accused of exposing himself through a web cam.

At trial, Cochran moved for an acquittal at the close of evidence arguing that his conduct didn't meet the elements of the statute, Title 18 of the U.S. Code, Section 2422. Judge Simon took the matter under advisement and submitted it to a jury, which returned a guilty verdict, but he admits the issue presents "a close call."

"What Donald Cochran did over the Internet last summer was undeniably a bit disturbing," he wrote. "But whether he violated the federal statute with which he was charged is not so simple a question. The statute in question ... is written in a way that only a lawyer could love."

That statute section prohibits people from using the Internet to persuade or entice children to engage in prohibited sexual activity, but doesn't define "sexual activity," Judge Simon wrote, noting the only limitation on the term is that the conduct must amount to a violation of a "criminal offense" which encompasses state law offenses.

In this case, Cochran's underlying criminal offense based on state law is Indiana Code 35-42-4-5c, or "vicarious sexual gratification; fondling in the presence of a minor."

Judge Simon determined the evidence was strong enough to prove the conduct was criminal, especially because Cochran didn't deny any of the factual allegations during trial.

"The more difficult question is whether the acts that form the basis for the commission of the Indiana offense ... amounts to 'any sexual activity' as that term is used in the federal statute," the judge wrote, comparing definitions of terms "sexual act" and "illicit sexual conduct" used repeatedly in various parts of the criminal code. "I presume that Congress meant what it said when it prohibited 'any sexual activity for which any person can be charged with a criminal offense."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

ADVERTISEMENT