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. George Grant ripped the mask off of Planned Parenthood in this fantastic read clear back in the 90's. http://www.amazon.com/Grand-Illusions-Legacy-Planned-Parenthood/dp/1581820577 Time has rendered this abortion industry goliath neither kinder nor gentler.

  2. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  3. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  4. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

ADVERTISEMENT