It's On: Criminal Investion Into Foley Begins

Mark Foley has officially returned to Florida. Just in time for the criminal probe to begin.

State authorities have opened a criminal investigation into the sexually explicit computer messages that former Representative Mark Foley sent to male Congressional pages. “It was a preliminary inquiry before, but we found the basis to open up a criminal investigation,” said Kristen Perezluha, a spokeswoman for the Department of Law Enforcement.

Foley will likely be prosucuted under Florida Statute 847.0135.

(3) CERTAIN USES OF COMPUTER SERVICES PROHIBITED.--Any person who knowingly utilizes a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, relating to sexual battery; chapter 800, relating to lewdness and indecent exposure; or chapter 827, relating to child abuse, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The FBI is still attempting to find out if Foley broke federal laws. Foley has used his AOL instant messanger in Washington DC and a Pensecola hotel room. The question is if this instant messages crossed state lines. With Foley that is all but a certainty.

The problem with building a federal case against Foley is that the male pages were of the age of consent. Wikipedia explains the PROTECT ACT of 2003. I'm still looking for the actual text.

For the purposes of this law, illicit sexual conduct includes commercial sex with anyone under 18, and all sex with anyone under 16. Previous US law was less strict, only punishing those having sex either in contravention of local laws OR in commerce (prostitution); but did not prohibit non-commercial sex with, for example, a 14 year-old if such sex was legal in the foreign territory.

Howard Berman will be the new Ethics Committee Chairman. Democrats having final say will all, but spell the end for Hastert. John A. Boehner and Tom Reynolds are more than happy to point the finger at him.