Glendale, AZ asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for Arizona

Q: Pretended to being a criminal online

If someone pretended to be a criminal online and someone reported them, what could happen? This guy is an idiot and was using an app called "Whisper" and told people he was a rapist but never actually raped anyone, he was just getting off.. If he was reported, how much trouble could he get in? Could he be registered as a sex offender?

Question two, what if he went so far as to ask someone to drug a person so he could rape her, he pays $160 for the drugs-not the rape but never actually ends up meeting up with the guy and says that he cannot possibly go through with it and admits to having a sexual addiction and that he will seek counseling. He knows he is mentally sick but never intended to hurt anyone. If this guy reports these messages, will both parties get in trouble? Will both parties become sex offenders. He never intended to break the law, just made stupid choices while under a sexual high. I know ignorance isn't an excuse.. but what is the likely outcome of all of this. Arizona

1 Lawyer Answer
Stewart Salwin
Stewart Salwin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: As to the first part of your question: A general criminal law principle known as the corpus delicti rule provides that a confession, standing alone, isn’t enough for a conviction. The rule is designed to prevent wrongful convictions, and originates from the phenomenon of false confessions.

“Corpus delicti” translates to “body of the crime.” The phrase refers to the requirement that there be some kind of evidence—apart from the defendant’s statements—that establishes that someone committed a crime.

The corpus delicti rule is relatively easy to satisfy. In general, any evidence that someone committed the crime in question will be enough—the evidence doesn’t have to show that the defendant was the one to commit it. There just has to be some evidence that a crime occured beyond the defendant's statements.

The second part of your question asks far more specific questions, and a lawyer would need to know the details of the situation before being able to competently advise you. The best advice anyone can give you on this forum right now is to refrain from talking about any details unless you are having a conversation with an attorney that is protected by the attorney-client privilege. This forum is not protected but the privilege.

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