Chats between defendant and minors found inadmissible in sexual exploitation of minors case

A North Dakota man has been charged with attempted sexual exploitation of his two minor stepdaughters. Videos reveal that he used his cell phone to record the girls showering. The defendant claims he was videoing them because "he was concerned that they were taking nude pictures of themselves and texting them to friends." United States v. Rambough, 2012 U.S. Dist. LEXIS 1781 (D.N.D. 2012).

At issue is whether chat logs should be admissible where defendant, claiming to be a 19-year-old woman, communicated with both minors and adults. The government claims them to be relevant to show the defendant "has a sexual interest in minors." The defendant argues them to be irrelevant to the charge and that potential unfair prejudice outweighs probative value.

The court found that the chats with other adults "have little, if any, probative value" and do not pass the FRE 403 filter. The chats with children, however, are relevant, but should not be admissible due to potential unfair prejudice. The opinion also notes that just as the defendant claimed to be a 19-year-old woman, the minors with whom he was chatting may also have "adopt[ed] a persona." As a result, the court assumed those conversations were with adults.