Misleading and inaccurate.
There is solid evidence in the messages themselves that at least some of the messages were sent to a person that was not yet 18, even if he was only weeks short of it.
You can ask why the "victim" didn't exactly shut his computer off and leave the room when the pervert hailed him, but that's irrelevant when discussing the legal issue.
Questions can be raised on who stored these IM messages, who got them to the media, when they were first known about, and why they were released precisely at the moment after the primary and before the election when Foley could not be effectively replaced in a Republican district.
But the former page was not 18 when some of these messages were passed.