He Told Me He Was 12, but He Was Lying

Neil H. Rodreick II, a 29-year-old sex offender who on a good day looks maybe 25, somehow fooled officials and students at several Arizona schools into believing he was a 12-year-old boy. He also fooled two men, ages 61 and 43, who were trying to hook up with boys online, even after they met him in person. The three of them lived together, along with a fourth man who knew Rodreick's true age, in a three-bedroom house in El Mirage, "preying in part on one another," as The New York Times puts it. That is, the older men had consensual sex with the younger man. Did they commit a crime because they thought he was 12 years old? If legislators can make possession of simulated child pornography, involving no actual minors, a felony (a law that was overturned on First Amendment grounds), surely they can criminalize sex with a 29-year-old who pretends to be 12.

Comments

[Abdul]

No children were hurt in this case because it was created by law school criminal law professors to have an interesting fact scenario for final exams on the issues of attempt liability and the affirmative defense of impossibility.

[Not That David]

I propose we simply criminalize incredible (well, this is more like excessively credible, or at least credulous) acts of stupidity and try them under that.

[rd]

They'll be prosecuted for *attempted* sex with a child, which is what they were trying to do, failing only because of their mistake of fact. That's also how they prosecute cases where police pretend to be minors on the internet.

The simulated situation is distinguishable in that people their may *know* its simulated and thus lack the requisite intent.

[Brando]

I have an idea. Why don't we have a group of men and women decide whether or not minors involved in sex acts can be considered "adults" for the purposes of that sex act? If you can prosecute minors as adults for criminal offenses why not treat minors as adults for sexual offenses?

I still remember that girl from high school who did things that I don't even do now as a 30 year old...

[Garth]

And we have another bizzare, and rare, circumstance that will cause parents from Maine to Hawaii to fear for their little ones and double-lock the doors. Oh the humanity.

[Aresen]

"I propose we simply criminalize incredible ... acts of stupidity...."

Now THERE'S a law that Congress wouldn't dare pass.

[David]

What kind of make-up job did they have to do on that guy to make anyone believe he was twelve? I don't think even Rick Baker could pull that off.

[Russ 2000]

I'm sure the end result will eventually be that anyone under 29 will be considered a minor.

[wsdave]

So, does this mean that when my wife dresses in that cheerleader outfit and sucks on a lollipop, I'm going to jail?

[Troy]

The alleged 12 year old didn't register as a sex offender when he got to AZ. I would guess he will be charged with that.
Apparently the old geezers got bent when they found out their little sex slave was really 12.
How many of y'all, when you first heard this story, thought, "WTF?"

[I love when you talk dirty]

end result

[Cab]

A 29 year old sex offender? I guess that whole "abstain until you are 29" thing hasn't caught on yet.

http://www.usatoday.com/news/washington/2006-10-30-abstinence-message_x.htm

[R C Dean]

They'll be prosecuted for *attempted* sex with a child, which is what they were trying to do

That may be what they wanted to do, but that is what they were trying to do. They were trying to have sex with a 29 year old man pretending to be 12.

The only crime here may be fraud by Mr. Rodreick.

[Ryo]

wsdave
So, does this mean that when my wife dresses in that cheerleader outfit and sucks on a lollipop, I'm going to jail?

I think that depends entirely on how well she pulls off the look. In other words, we need some photos/videos to better judge for ourselves.

[JohnCjackson3]

I look like I'm 12 but I use that to bang older women, not old dudes( not that there's anything wro..err maybe there is ..I dont know).

[chatsworth]

How did everyone miss the fact that this "12-year-old" was arrested while attemding school in Surprise, AZ ?

[Todd Fletcher]

It's easy to understand how this 29 year old managed to escape notice in 7th grade. Arizona schools are so bad, probably half the class was already over 18.

[Lord Duppy]

So I was thinking, what if two undercover police officers pretending to be minors for the purpose of catching predators pretending to be minors hook up?

[alkali]

That is, the older men had consensual sex with the younger man. Did they commit a crime because they thought he was 12 years old?

Ariz. Rev. Stat. 13-1001. Attempt; classifications

A. A person commits attempt if, acting with the kind of culpability otherwise required for commission of an offense, such person:

1. Intentionally engages in conduct which would constitute an offense if the attendant circumstances were as such person believes them to be ...

Ariz Rev. Stat. 13-1405. Sexual conduct with a minor; classifications

A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

[David]

The second part is interesting. In most states, "unknowingly" is not a defense.

[Rhywun]

I saw this story a few days ago and I still don't believe it. This guy is like something out of the X-Files.

[David]

You know, he sort of reminds me of Eugene Victor Toomes.

[Lazlo Nibble]

Not to derail, but "virtual" cp was immediately re-banned after the Supreme Court decision. They inoculated the law against attacks on first amendment grounds by adding a requirement that the material be obscene.

[Aresen]

"You know, he sort of reminds me of Eugene Victor Toomes."

Not sure who that is, but would Norman Bates be in the same line?

[alkali]

The second part is interesting. In most states, "unknowingly" is not a defense.

The words "intentionally or knowingly" modify "engaging in ...," but not "with any person who is under eighteen years of age." In other words, "I was sleepwalking" is a defense (if you can convince anyone of that), but "she done tole me she was legal" is not.