"Shayla" first informed Spiegel of "her" age.
Of course, the moment Spiegel sees a picture of the purported 14-year-old foidlet, he starts thinking with his dick and not his brain:
You can read the relevant affidavit from a Homeland Security Investigations agent and the entirety of the chat log
@Wizard32
What strikes me strange about these pics of the chat logs is there's no date/time next to them it's just names.
It also makes me wonder if they omitted parts like what if 16yo boy LARPing as "Shayla" said something like "I was lying earlier when I said I'm 14, I'm actually 18 but like to pretend I'm younger, please do erotic RP with me"
Isn't it possible to delete specific messages in an ongoing log like that?
Even if this hadn't been doctored though, I'm really not seeing 'enticement' at all here.
He merely said "would have been fun to finger you" and asked "what if I actually will do it?"
Stuff like "you gonna slde that tight little pussy down on my thick cock" does not specify WHEN he is saying "she" should do this.
He might, for example, be intending that as something they will do in 3 years time when "she" is 17 years old and would be legal.
Basically going by imgur.com/a/Ml8CByG numbers 1-8 are fine in terms of enticement (no meeting is scheduled) though it might fall under some other crime to talk sexually like this with an alleged minor.
Number 9 is probably some charge like "sending porn to an alleged minor" I guess? Not sure the technical terms, would need to refer Floridian law. Ideally reporters talking about shit shit should include statue numbers in their articles to make reviewing this shit easier, they rarely seem to.
IMO the "text you when I get there" stuff from 9 and 10 is bullshit because you could just lie about meeting up to keep a conversation going and trying to get her to send pics of herself.
his entire thing was an erotic RP, you basically can't take the shit he's talking about seriously because he's doing an imaginary scenario like "you'll ride my penis in the theater" even though he had already established she should enjoy the movie alone and he wouldn't be showing up
#12 sounds like he was making up some excuse for why he couldn't show up, unless he actually was pulled over by police in response to the boys contacting the FPPD cruiser parked at Sabal Palms? It doesn't explain whether that US1 pullover was verified AFAIK
If there wasn't any actual pullover (ie maybe this guy never even got in the car at all) then it only supports the idea he wasn't wanting to actually meet up with this girl.
I don't think #14 matters either because all he is said is "maybe" which is not concrete plans. Just like "hey maybe we could rob a bank" isn't enough to arrest someone for attempted robbery.
#15 is also a 'maybe', and you can see on page 7 of 9 that he backs out again, and the law enforcement officer (who had taken over for the teen boy at this point) continues enticing/entrapping him by insulting him for backing down
#19 shows that since Jan 11th there was an entire week of no-contact from Zach Spiegel when law enforcement harasses him again on Jan 18th trying to entrap him once more.
#21 (from end of 8of9 to start of 9of9) seems to be the key to the charge. Here he says "maybe we can meet up and JUST CHAT"
"If we end up fooling around in my car, then okay" is too vague to be meaningful.
As far as the following "how bad do you want?" that is not "I will let you suck my cock" it is just asking about her desire for something he already stated he would not do until she was older.
#22 is similarly only asking what she wants, not stating he would actually perform the cunnilingus or fingering in that situation.
So yeah, IMO this is not "attempted online enticement" because it is far too vague. That shit should be thrown out, and h should only be charged w/ lesser crimes related to sending "her" dick pics.