Commonwealth v. Foley

The defendant was charged with “indue[ing a] person under eighteen of chaste life to have unlawful sexual intercourse.” G. L. c. 272, §4. The proof put in to support the charge was that the defendant offered a fourteen year old boy five dollars to engage in fellatio, and that the offer was rejected. The defendant moved for a required finding of not guilty, based on the premise that one who is unsuccesfully solicited has not been induced within the meaning of § 4. The judge agreed with the latter premise and instructed the jury that there could be no inducement within the meaning of the…