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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT