How does the law work in this regard? Do they fish them in and then hope they find something else to prosecute them on?
I think they can get him on "intent." Has to do with the way the statute is written, and I ain't up on Idaho law (for which I'm extremely thankful).
I doubt if he travelled 800 miles to hob nob with the cops!
Yes, but according to the low-on-facts article, his entire "enticement" was of a police officer, not an actual 14-year-old. In other words, he "enticed" a fictional character.
Analogies: If a kinda freaky Harry Potter fan goes online and has sex chat with somebody claiming to be "Hermione Granger" (Harry's female witch friend, and underage), then agrees to meet her for sex, and the person he meets with is an adult, has there been a crime?
Analogies, Part Deux: If a person has sex with what he believes to be a 14-year-old, but the person is actually 18, and only claiming to be 14, has he committed a crime?
Analogies, Part Drei: If a person tries to buy marijuana (where it's illegal) from an "dealer" who turns out to be an undercover cop and sells him a Baggie of oregano, is the intent to buy marijuana a crime if no marijuana is bought? Oregano is legal, by the way. Damn tasty on pizza, too.
The general rule in the U.S. is no. The Supreme Court held, in a case where a man tried to bring U.S. currency into the U.S., thinking it was illegal when it isn't, that intending to commit a crime that isn't actually a crime. . . isn't a crime.
I hope the guy gets a good lawyer. This could be interesting.