WASHINGTON — Former Congressman Mark Foley is unlikely to face criminal charges for sending sexually explicit e-mails to teenage boys, sources close to the year-long investigation have told Scripps Howard News Service.

That could change if new evidence surfaces in the next week that proves Foley, 52, sent online messages to male teenagers with the intent to "seduce, solicit, lure, entice, or attempt to seduce a child," a third degree felony under Florida law. [snip]

Sources close to the investigation told Scripps to date there has been no criminal finding against Foley. Once the investigation is completed, it will be turned over to prosecutors in Pensacola. Pensacola has jurisdiction in the case because that is where Foley was when one of the explicit messages was sent.

Joe diGenova, the former U.S. Attorney for Washington, D.C., said
investigators likely could not prove the case had merit.

"My guess is they probably have been unable to find evidence of an actual relationship," diGenova said. "Although the e-mails were suggestive, they didn't violate a statute." (hat tip: Sara)