Check this site....nepali boka ko karamat

http://www.nepalnews.com/archive/2006/dec/dec16/news06.php

You can't convict someone of a crime that he has not commited. He might have said he'd sneak out to meet her but people say a lot of things using the anonimity of chat and if that kinda thing stands in court, then that in itself would be illegal. People make threats about killing others all the time, if you arrest everyone of them I think that would be stupid.

I'm not sure what kind of picture he forwarded but as long as that photo is not indecent, I don't thing the law officers have much grounds to prosecute him.

I did not realize that people were trying to raise funds for this guy. R U PEOPLE OUT OF YOUR MIND ? U REALLY WANT RAISE $$$ TO DEFEND A CRIMINAL ? THAT TOO SOMEONE TRYING TO SOLICIT A MINOR ? IS THAT WHAT WE AS NEPALIS WANT TO BE KNOWN FOR ?

AND RAATO BHALEY.... YOU CAN STOP MAKING ASSUMPTIONS HERE. YOU WERE NOT THERE ... AND HE IS IN JAIL. UNTILL HE GETS HIS DAY IN COURT..... YOU CAN STOP SPECULATING. BAAADAAA AYE JANNE !!

Aren't you innocent until proven guilty? We should wait for the court judgment before passing our judgments.

I wonder this sajha always post picture of girls with bra and penties. Nowadays even without bra, I mean topless girls and there is no warning about you shoud be above 18 to see this web. Many of our kids are watching this web. Now this also may be crime in that view, and the people should be punished here too????

I feel very sorry about that guy, he does not have any previos criminal records, You usko dasha le fasheko ho. I heard that he was a NSF fello and only four months away from his Ph.D. A criminal doesnot cry in the coourt like that. I do not know exactly what had happend,
God bless his son and wife.

That for the courts to decide not you or me. Yes you are inocent till proven guilty. But then why is his ass in jail ? I am not passing any judgement... but the fact that he is in jail says a lot. Unless the court says otherwise, all the evidence points that he is guilty.

Unless he gets a Johnny Cochrin his ass is Toast. Raaatobhalley you really want him to wiggle his way out of this don't you ? he he

Gorkahli Jetho,
There is no such thing as dasha. You cannot blame dasha for something lke this. Just because he does not have a criminal record does not make him innocent at all. REMEMBER THIS IS A GUY WITH A WIFE AND A CHILD. If he is let go, what guarantee is there that he might not do it again ? CAN YOU ASURE ME THAT ?

Many Nepalese living in the US are either unaware of the 18+ law or they take it too lightly. In my opinion it would be nice if all Nepalese organizations in the US reach out to Nepalese living in their perspective cities by email informing them of the danger in chatting with someone under 18.

This is an interesting assimilation. One pool of thought is for punishment as he has been caught trying to do something thats not legal. The other pool of thought seems more merciful, based on his past.
So this gets me wondering. What is the motive behind punishment? Is punishment just a function of a crime, without taking into consideration the nature and state of the victim. If a person has a formula that cures poverty (hypothetical of course) and he/she is on a death row. Should there be another standards to judge that situation?
The protagonist here is a PhD candidate. Do you think its fair to put him in the same criteria as the person whose picture has been posted (I dont know his education or professional background, but he seems to be a repeat offender)? Law in fact should be blind, but do you think its fair for the society to lock up someone who can be contributing a lot? Just mere questions...

Vincent Bodega - Very good questions. That's why we have the judiciary to decide that. I am not sure whether he will be tried here and then deported or first repatriated to Nepal and tried there but regardless of where he is tried, I hope the jury will take into account all aspects including the ones you mentioned.

As for punishment, as long as it fits the crime, I'd say it's fair. Obviously, he is not going to get the electric chair for this, and you would hope appropriate and just punishment is handed out, if he is to be found guilty.

I shall reserve judgment till more is known.

Hope you are having a good day.

Educated dumbass bhanya yehi ho.

Firstly, Forget about the whole sex thing, you shouldn't even talk to an underage kid in this country period. you have no business chatting with minors. i have no sympathy for morons like him. bhir bata khasna lagya goru lai ram ram chai bhandiula.

Secondly, entice-bait and catch approach actuallly takes away focus from the more serious criminals. who often prey on people they know ie their friends and relatives. people who are caught from a chat based raid are often highly educated professionals who otherwise will not seek active sexual encounters with minors other than the virtual cyberspace.

Why should his education even be relevant ? I am lost here..

Bodega,
Why should his past be relevant to his crime ? R u intuiting that a thief with a good past is less of a thief than a thief with a bad past ? Same with the education ...just because he is a PH d candidate does not make him less of a molester.
A molester is a molester regardless whether they have a Post Doc, come from a good past, come from a good family......blah blah blah BOTTOMLINE CRIME WAS COMITTED WHICH IS SOLICITING SEX WITH MINORS ....IT DOES NOT MATTER IF IT WAS A BAIT OR NOT(should have known better). IT would be wrong to let him go and would be even worse if he is let go unpunished(indicating its ok to solicit sex with minors).

Coffee,

First of all, back off a little. I was putting out questions. I understand how you feel, you dont need to caps lock to make me understand what you are trying to say. You definitely share a different opinion than me in terms of crime and punishment. If a crime is a crime then also let me know why we treat a theft and a murder differently. Based on your judgement there should be one punishment for every criminal activity. La Bhayo...

Heres another reality check for you. A crime was not committed. Someone's being committed for crimes he is about to commit. Does this remind anyone of Minority Report?

If you say entrapment is fair, how about this... I will leave a box full of money in a parking lot and wait patiently for someone to pick up a bundle. If someone does pick up a bundle, is that theft? If it is would you pass that test?

Yes, the protagonist is in a serious situation, but its not an open and shut case. Has he done something that he shouldnt have done? YES. Do I think he deserves a second chance with his capability to make a difference in a community? I dont know...You say No, thats fair to me, but that doesnt mean I have to say the same.

Before going off on things, read the first amendment. Then also remember that if the protagonist had left a self signed and dated letter saying he was not going to have sex with the girl in his car or even in his pocket, theres no way he can even be arrested. There goes your law to protect kids out of the window. Know what you are saying before embarking on it dude... also go easy on the caps lock!

Vincent Bodega/Bathroom Coffee -

I am not a lawyer, and am open to being corrected, but from what I understand, courts have decided varyingly on what constitutes entrapment. It is for the court to decide whether Mr Basnet is guilty, and of what crime or misdemeanor if any, just as it is for the same court to decide if the actions of the police constituted illegal entrapment. Wouldn't you agree?

Any lawyers who can shed light on the subject?

Dude Bodega,
Why is he in Jail again ? Based upon the evidence. Cops are not stoopid to put this guys behind the jail for no reason. He will get his day in court. YEs for every crime there is a punishment. The punishment for theft is different than punishment for murder. But if you let it go unpunished you are saying it ok to stael or its ok to kill people. If the crime was not committed he would be a free man roaming the streets wouldn't he ? You example of a box of money is farce because this is a case involing a MINOR GIRLnot a lifeless box of money. And if you do pick up that box of money and the cops don't catch you you are home free not a thief. But if they do catch you ... you are a thief.
I don' think guys like those deserve a second chance. He should be punished, otherwise we will be sending a message saying its ok to solicit minors for sex. Which would not make us look any better than that guy.

I feel sorry for this guy's wife & kid. I don't know who long he has been in the US. Anyone know? For people who are curious as to what will happen next, here are my thoughts.

The forensic unit of police will investigate his computer and the investigation team who caught him will build a case. He will be found guilty by the judge since most cases involving this type always is. Since he is on F1, the police will hand him over to ICE(Homeland Security) who will take him to their nearest deportation center. They will keep him locked up for around 70-100 days, depending on few factors and then, they will put him on a plane to KTM.

Coffee,

"Do you think its fair to put him in the same criteria as the person whose picture has been posted (I dont know his education or professional background, but he seems to be a repeat offender)?"

there will/should be a punishment for his misdoings. However, should be treated the same way a repeat offender would be treated? Or should be given a punishment that is apt for his case and position? That was my predicament.

Hi,
I have been following this thread for a while and have the following to share.

I am not a lawyer as of today but in verge of becomming one in CA, provided that I pass the bar this july. I am a lawyer from Nepal and based on the universal principles of law, i would like to share the following, without any bias:

Similar incident happened a while ago. A Nepali student was deported based on similar situation.The accused was arrested on charge of intent to have sex with a "13-year-old girl" he had met in an Internet chat room. The girl turned out to be an undercover officer from the Ashland County Sheriff's Department. He was convicted of using a computer to facilitate a child sex crime .

Deportation is part of Operation Predator, an ongoing ICE enforcement initiative to protect children from pornographers, child prostitution rings, Internet predators, alien smugglers, human traffickers, and other predatory criminals. Since this initiative began in July 2003, ICE agents have arrested more than 6,900 individuals nationwide, including more than 340 in Illinois. ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.

However, it is debatable whether 'luring' someone fictiously and being a part of it is protected constitutionally or not. It is also known as Fantasy Defense.

For example in some of the cases, th accused are set free based on the assumption that the intent was fictious and that the accused knew that the person posing as a minor is infact an adult.

"In fact, some defendants have successfully avoided prosecution under the pedophile luring laws by using a so-called "fantasy defense." Patrick Naughton had been engaging in sexual correspondence over the Internet with someone claiming to be a thirteen-year old girl. Naughton wrote to his chat partner that he wanted her to join him in a hotel room and strip for him. The two arranged a meeting, but when Naughton found out his online chat partner was actually an FBI agent, he claimed he never really believed that she was a minor, but instead someone merely playing the role of a young girl. Even though Naughton traveled from Seattle to California to meet his online pen pal, the jury believed his fantasy defense and acquitted him."

See- http://www.law.duke.edu/journals/dltr/articles/2005dltr0016.html

The Attorney general of Ohio has infact come up with some techniques to tackle 'Technophilia'-the appropriate term.

You may check this at
http://www.ag.state.oh.us/citizen/isafety/techniques.asp?go=start