United States v. Taylor, No. 14-3790 (7th Cir. 2015)
Annotate this CaseTaylor entered an online chat room and connected with “elliegirl1234,” identified as a 13–year–old girl. Taylor responded that he was 37, and asked whether Ellie had engaged in sexual acts with her boyfriend. Taylor wanted to see Ellie masturbate and asked her whether she had a webcam. She indicated that she did not. Taylor used a webcam and masturbated so that Ellie could see. The two conversed online several times. The conversations were always sexual in nature. Taylor asked Ellie to fantasize about meeting, but expressed concern because he “could go to jail.” (he had previously called Ellie “jailbait.”) Ellie was actually an online identity assumed by law-enforcement. Taylor was convicted under 18 U.S.C. 1470, for transfer or attempted transfer of obscene material to a person under the age of 16 years through a means of interstate commerce. Taylor moved to modify his conditions of probation. The Seventh Circuit vacated, agreeing that the record did not support a ban on viewing legal adult pornography, which did not facilitate Taylor’s offense; there was no evidence that viewing otherwise legal pornography would increase the likelihood of recidivism. The court affirmed a condition requiring Taylor to make his internet-capable devices available for inspection, even without reasonable suspicion that he has committed a new crime.
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