Question
Undercover detective Clydenhause is investigating an extortion ring in which suspects Joey, Kyle and Jason are involved. An informant informed Clydenhause that these guys (above-mentioned)
Undercover detective Clydenhause is investigating an extortion ring in which suspects Joey, Kyle and Jason are involved. An informant informed Clydenhause that these guys (above-mentioned) have been coercing young girls and boys (aged 15-17) into participating in pornography by threatening to tell their families that they are going to "rave" parties and using drugs, which the young persons have in fact been doing and each were filmed by Joey doing drugs at three separate parties. The young persons felt forced to make the pornographic movies, but, did make 12 movies with several older adults before Clydenhause got involved. During the investigation, Clydenhause acted as a porn movie distributor and tried gathering information from the three suspects (above). At a meeting with Joey, Kyle and Jason, Clydenhause learned from the suspects: That Jason, 22, was asking other young persons (under 18) to make porn movies; That Kyle, 21, in fact had consensual sex with a 15 year old female (Jerri) and a 17 year old male (John) in one of the movies; That Joey, 24, had confined a 15 year old girl (Karen) in his garage while his parents were out of town and that Joey had repeatedly on 4 occasions sexually assaulted her forcibly, beat her with fists and burned her with lit cigarettes. Karen has been released now and she is expected to make a full recovery. The age of consent in this state is 16 and over and "producing child pornography" is a specific intent felony. Clydenhause then asks Joey to make a porn movies for him, Clydenhause, with only young girls under 13 and Joey says "No way man, you sound pervy." Clydenhause persists and finally, after 2 hours of discussion, Clydenhause finally persuades Joey to make the movie with 14 year old girls. Clydenhause also learns from their statements at this meeting that Jason is being forced to participate in these crimes by Kyle, based upon Kyle's statement to Jason that "you'll either do what me and Joey tell you or we'll kill you!". Clydenhause then stands up, identifies himself as a police officer and arrests all three: Joey, Kyle and Jason. Kyle then offers Clydenhause $10,000 to let them all go free, which Clydenhause declines.
Discuss the "Wharton rule" and whether it applies here and, if so, how.
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