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69 (2010); Robin Fretwell Wilson, Sex Play in Virtual Worlds, 66 Wash.

1127 (2009) (outlining how pedophiles use virtual worlds to solicit children, and the rise of virtual sex); Federal Trade Commission Report to Congress, Virtual Worlds and Kids: Mapping the Risks, 2009 WL 4755418 (F. C.) (giving recommendations to Congress on how to combat the threat to children in virtual worlds).

The only issue we discuss therefore is whether he is right that the conduct of which he is accused is not “sexual activity” within the meaning of the federal law.

The defendant does not contend in this appeal that the conduct that he was accused of engaging in did not violate the Indiana statutes. Elsewhere in the vast body of federal statutory law we find scattered references to “sexual conduct,” “sexual act,” and “sexual activity” or “sexual activities,” but the terms seem to be regarded as synonymous, as in 42 U. One might think that “sexual activity” connoted a series of acts rather than a single act: for example, being a sexual predator rather than committing a single act of sexual predation, or being a prostitute. If “sexual activity” is no broader than “sexual act,” it doesn't include solitary sex acts either. § 2256(2)(A)) that criminalizes films and videos of children masturbating. It was also during this typed conversation that “elliegirl1234” twice asked whether she and Taylor would meet, and twice Taylor told her that they could not—in his words, their relationship would remain a “fantasy.”Here, Taylor did not want to meet and have sex with “elliegirl1234,” nor did he seek to meet “elliegirl1234” so he could fondle her. As a matter of statutory construction, when we have terms that are open to competing definitions, we usually define them in reference to the terms they appear with.

See also Terri Day, The New Digital Dating Behavior—Sexting, 33 Hastings Comm.

464, 14 A.3d 439, 445–46 (2011) (finding that masturbating over a webcam so a child can see would injure the child's morals).8.

Cir.1972), was a pornography case; it had nothing to do with section 2422(b), and merely illustrates (as do the other cases cited by the government) that masturbation is a form of “sexual activity” in the ordinary-language sense of the term, which judges use on occasion just as laypersons do. And there is no reason to unsettle or expand the accepted definition of “presence” to fit conversations over webcams when it wouldn't fit a conversation over the phone.

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Taylor's visual image on the computer doesn't make him anymore physically present than his voice does—it just enhances the effect. E.2d at 730 (noting “[b]ecause both telephone and computer communications are by electronic transmissions, we are unable to distinguish the two modes as it relates to the necessity of ‘presence’ ”). For that reason, I concur with the court's judgment. Concerning this statute, the only case discussing whether a webcam puts the adult in the minor's presence is a federal district court case where the defendant conceded that he was in the presence of the minor. (It's because she was actually an adult that the defendant was charged with and convicted of an attempt rather than of a completed crime; section 2422(b) explicitly punishes an attempt just as severely.) After making a number of sexual comments to her that she pretended to welcome, the defendant masturbated in front of his webcam, thus attempting to violate the “fondling in the presence of a minor” statute; and, in addition, by inviting the “girl” to masturbate, he attempted to violate the “child solicitation” statute as well. So if section 2422(b) criminalized a “sexual act” rather than “sexual activity,” it would be reasonably clear that he could not be convicted, unless the definition of “sexual act” elsewhere in Title 18 were thought to cast no light on its meaning in section 2422(b). Is watching a pornographic movie, or a pole dancer, or a striptease artist, or Balthus's erotic paintings, or Aubrey Beardsley's pornographic sketches, or Titian's “Rape of Europa,” or “Last Tango in Paris” a “sexual activity”? That is “sexual activity” in the literal sense, though it does not involve physical contact and so is not a “sexual act.” It is generally considered a rather minor sex crime, certainly not the sort of crime for which a minimum of 10 years in prison is a proper sentence. § 2422(b), would be courting a prison sentence of at least 10 years.