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Rice, 271 NYS2d 307 (1966),the state's highest court found that "using obscene language to request girls to perform an immoral act was endangering" under the statute.
As for whether the child lied about his age, that is one of the troubling aspects of crimes involving children.
Purposely uses or endeavors to use the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire, electronic or oral communication; shall be guilty of a crime of the third degree. The question, which immediately arises, is how was the message retrieved?
Improper retrieval of e-mail could readily constitute a violation of a wiretapping statute.