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“Then the prosecutor went further and invited the jury to rely on the ‘more appealing’ alternative in the charge.She told the jury: ‘The crime that he’s been charged with is enticement, that he was attempting to persuade or entice a minor into sexual activity.

On December 21, 2006 Dennis Joseph was convicted of violating § 2422(b) in the United States District Court for the Southern District of New York and sentenced to a term of 97 months in a federal prison. In August 2005, he was arrested for using the Internet to solicit a person he believed to be a minor to engage in sexual activity …

He also stated that the few times he looked at the site, the pictures had changed, and that each time they were ‘predominantly 19, 20, 21 and maybe 18-year-old bodybuilders.

Joseph claimed that he stopped visiting the site when ‘it started to change.’ “On rebuttal, the Government called Special Agent Sean Watson of the FBI who testified that in June, 2006, shortly before Joseph’s trial, Watson had joined the Muscleteens group in an undercover capacity and had viewed all of the pictures posted in that group before August 31, 2005, the date of Joseph’s arrest.

In July, 2005, Joseph visited an Internet chat room called ‘I Love Older Men,’ where he initiated a conversation with an individual with the screen name ‘Teen2Hot4U,’ who purported to be a 13-year-old girl named ‘Lorie.’ ‘Teen2Hot4U’ was in fact Stephanie Good, a 55-year-old woman who spends 20 to 50 hours a week surfing the Internet for those she believes to be sexual predators and reporting her finds to the FBI.

“Using the screen name ‘DSax25’ and describing himself as a 40-year-old professional musician, Joseph had approximately 50 instant message and email chats with Good, almost all of which he initiated. ’ ‘Lorie’ sent Joseph a picture, depicting Good at age 13 or 14 years.

Joseph’s wife testified in support of that defense, telling the jury that her husband was addicted to role-playing on the Internet and had a particular interest in muscular women. He told the jury that “DSax25” was “an idealized version of what …

She also informed the jury that her husband was a member of an Internet group called “Muscleteens” – a website that solicits pictures of muscular girls between the ages of 5 and twenty. Dennis Joseph can’t do but can on the [I]nternet.” He said he browsed the Internet looking for women bodybuilders and his attorneys offered 25 profiles of people on his “buddy list” [instant messenger’s “friends”], 21 of whom were adult female bodybuilders. Having laid the predicate for an interest in cybersex conversations, Joseph told the jury that when he encountered “Lorie,” he was in what he believed was an “adult sex themed” chat-room and that she was an adult posing as a teenager.

Over a defense objection, the prosecution was permitted to introduce pictures of young girls from the group.

“The evidence thus framed for the jury the issue of whether Joseph enticed ‘Julie’ to meet with him for the purpose of engaging in unlawful sexual conduct with a person he thought was a minor, or whether, as he claimed, he was engaged only in role-playing, met her to determine her true identity, and had decided not to have any involvement with her if she turned out to be a minor.

The court explained: “Joseph sought to defend the charge against him by claiming that he was only engaging in cybersex conversation (simulating sex via sexual communications over the Internet), without any intent to entice ‘Julie’ to engage in sexual conduct with him.

He claimed that he agreed to meet her only to see if she was an adult role-player or really a child, and that, if she turned out to be a child, he would do nothing further.

He said she was too familiar with sexual terminology to be a real teenager so he surmised that she was part of a “make-believe, pretend world.” He told the jury that he also believed “Julie” was an adult engaged in the same kind of role-playing.

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