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United States v. Kramer
''United States v. Neil Scott Kramer'', 10-1983 (Feb. 8, 2011) is a court case where a cellphone was used to coerce a minor into engaging in sex with an adult. Central to the case was whether a cellphone constituted a computer device. Under United States law, specifically U.S.S.G.§ 2G1.3(b)(3), the use of computers to persuade minors for illicit ends carriers extra legal ramifications. The opinion written by the United States Court of Appeals for the Eighth Circuit begins by citing Apple co-founder Steve Wozniak's musing that “Everything has a computer in it nowadays.”〔 Ultimately, the court found that a cell phone can be considered a computer if "the phone perform() arithmetic, logical, and storage functions," paving the way for harsher consequences for criminals engaging with minors over cellphones.
== Background ==
In April, 2008, a 15-year-old female Missouri resident inadvertently sent a text message to Kramer, an adult in Louisiana. Kramer replied to the message, which began a seven-month period in which he and the female victim regularly corresponded with one another through text messaging. During their communications, the victim revealed to Kramer that she was 15 years of age.〔
On November 10, 2008, the victim contacted Kramer and the two arranged to meet. The pair drove to the Comfort Inn in Willow Springs, Missouri, where Kramer "plied the victim with illegal narcotics and then engaged in sexual intercourse with her." The following morning, Kramer and the victim drove to Kramer's trailer in Violet, Louisiana. Upon their arrival, Kramer gave the victim more narcotics and again had sexual intercourse with her. On Friday November 14, Kramer took the victim to a bar in Poydras, Louisiana. After several alcoholic drinks, the victim went to the restroom where she was able to text the police. Kramer was arrested in the bar's parking lot, while the victim was eventually reunited with her family.〔
In court, Kramer was charged with transporting a minor across state lines in order to engage in illegal sexual activity, a violation of . The state also sought a harsher sentencing for Kramer for using his cellphone to make voice calls and send text messages to the victim. In particular, the state argued that a cellphone falls under the definition of a computer under U.S.S.G.§ 2G1.3(b)(3), which states that "the use of a computer or an interactive computer service to ... persuade, induce, entice, coerce, or facilitate the travel of, the minor to engage in prohibited sexual conduct" will result in longer prison sentences.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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