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After being arrested for using the Internet to solicit sexual activity with a person the defendant believed to be a minor, can the defendant present expert testimony about Internet “role-playing” to support his defense that he thought the person he communicated with on the Internet was an adult?
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Sexual roleplay is roleplay that has a strong erotic element.
A role may require, for example, one or both partners to flirt with a stranger, or for one partner to seduce the other partner's friend, etc.
It may also call for one or both partners to, say, strip in a car or park.
The popularity of the Internet has also allowed for online sexual encounters, known as cybersex, which may involve roleplay.
A divided Second Circuit panel recently addressed this issue and answered in the affirmative.
Defendant Joseph, a married father communicated in chat rooms with individuals who claimed to be female minors. One individual said she was thirteen years old but actually was an agent. Often, chatters become curious about who is ‘behind the screen.’ There are many methods chatters use to ‘de-mask’ the other participant: such as asking for a photograph, attempting a phone conversation, asking for information that can be independently verified or even attempting to meet in a public space.” , 542 F.3d at 22. After his conviction, a Second Circuit majority reversed based on instructional error. thesis on Internet sexual communications and extensive interviews and studies on chat-room conversations focusing on sexual behavior on the Internet.