If that's the case the implication is significant, since he was 18 at the time - no longer the underage minor that ABC has been claiming.
He wasn't 18 at the time every message was sent.
The leftists at ABC will probably try to insinuate now that there were other pages besides this guy, but he seems to be linked to the worst of the IM messages & is probably the same person for several of them.
ABC's reporting has been sloppy to say the least. I don't doubt that the former page named by Passionate America sent most, if not all of the IMs featured on ABC's website. Their reporting should be clearer.
And some the leftists on the Internet are already
doing just that. (Once again, conflating who sent the e-mails with who sent the IMs.)
The age of consent for sex was 16. There are no ex-post facto laws in the US (at least there shouldn't be). If the federal law which prevents such activity (explicit IMing a minor) came after the explicit IMs, there is no case against Foley in federal law, IMO. Doesn't make it right, or moral. Just probably not illegal.