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Benson (argued), Attorney, Office of the United States Attorney, Hammond, IN, for Plaintiff–Appellee. Martin (argued), Attorney, Viniyanka Prasad, Attorney, Indiana Federal Community Defenders, Inc., Hammond, IN, for Defendant–Appellant. The cases hold (though more often just assume) that the “criminal offense” to which the statute refers can be a state rather than a federal crime, United States v. For a federal statute to fix the sentence for a violation of a broad category of conduct criminalized by state law, such as “any sexual activity for which any person can be charged with a criminal offense,” is a questionable practice. Explicitly defining sexual activity to include producing child pornography was needed only if the term “sexual activity” requires contact, since the creation of pornography doesn't involve contact between the pornographer and another person; this is further evidence that “sexual activity” as used in the federal criminal code does require contact. 3 (7th Cir.2008)—another case factually similar to the present one—the question of the meaning of the term “sexual activity” in section 2422(b) was neither raised by the appellant nor answered by the court. But when there are two equally plausible interpretations of a criminal statute, the defendant is entitled to the benefit of the more lenient one. It has not qualified the term with “actual or constructive,” and if the term “presence” is expanded to include constructive and actual presence, that development should not come from the courts, especially the federal courts. Under Indiana law, a person is guilty of soliciting a minor if the person “solicits” the child “to engage in (1) sexual intercourse; (2) deviate sexual conduct; or (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person.” Ind. There are two ways to read the statute: does the solicitation have to be for “fondling” or “touching” with the other person, or does simply instructing a person to do so apart from the adult qualify. The point, as we see it, is the larger meaning and purpose of human sexuality.The Bible has two important things to say about this: first, sex is central to the process by which a husband and wife become one flesh (Genesis ); and second, sex and marriage are intended to serve as a picture or symbol of the union between Christ and His Church (Ephesians , 32).He contends rather that such conduct is not “sexual activity” within the meaning of the federal statute, and therefore that his conviction—which was solely for violating federal law—should be quashed. But that is not argued (it would make the express reference to prostitution in the statute redundant, though many statutes are littered with redundancies), and anyway there is a separate provision for enhanced punishment of sex-crime recidivists. Congress elsewhere has defined “sexually explicit conduct” to include masturbation, but that's in a statute (18 U. (Maybe the defendant in this case could have been charged with attempting to produce child pornography because he asked the supposed minor to masturbate for him on her webcam. The only fondling that Taylor solicited was for “elliegirl1234” to touch herself, apart from him. As the Supreme Court has cautioned, the rule that “a word is known by the company it keeps, while not an inescapable rule, is often wisely applied where a word is capable of many meanings to avoid the giving of unintended breadth of the [legislature].” National Muffler Dealers Ass'n, Inc. This is more than forfeiture; it is waiver; for he emphasizes the breadth of the Indiana statutes in order to bolster his claim that they should not be deemed absorbed into the federal statute. That takes the case out of the typical solicitation scenario where an adult solicits a minor to meet and engage in sexual conduct, Laughner v.