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Articles Posted in Sex crimes and internet crimes

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Hotel franchise not liable to victims of sex trafficking for conduct that took place at hotels

Four Plaintiffs identified in their lawsuit as Jane Does filed a lawsuit under the Trafficking Victims Protection Reauthorization Act (TVPRA) alleging they were victims of conspicuous and open sex trafficking that occurred at hotels managed by hotel franchisors Wyndham Hotels & Resorts, Choice Hotels International, and Microtel Inn & Suites…

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Threatening messages sent to family members of victims of Marjory Stoneman Douglas shooting were not protected speech.

Brandon Fleury was posting and messaging on Instagram posing as mass murderer Nikolas Cruz, the perpetrator of the shooting at Marjory Stoneman Douglas High School (MSD), which took place on February 14, 2018, when Cruz brought a AR-15 style semi-automatic rifle into the school located in Parkland, Florida, and murdered…

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A mother was sentenced to 30 years for producing child pornography and using her own two children as subjects. Worse yet, she sent it to their pedophile father.  

Litzky’s live-in boyfriend, Roberto Oquendo, was a passenger in a car pulled over for a traffic stop in Melbourne, Florida.  The officer conducting the traffic stop learned that he had child pornography on his phone.  He gave an interview and admitted having pictures of the genital areas of his daughters…

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No error in jury instructions for trial of a man who lured a minor online by posing as a female

Phillips went to trial and was convicted of a three-count federal indictment charging him with 1) persuading, inducing, and enticing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction, 2) receiving material containing child pornography, and possessing material containing child pornography.  He argued…

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Conviction and life sentence for sex trafficking a minor and adults upheld as reasonable in light of the evidence

Williams appeals his conviction and sentence by a federal judge for the federal offense of sex trafficking involving a minor, and two adults.  The evidence presented at his trial showed Williams used physical abuse and emotional manipulation to force vulnerable young women to work for him as prostitutes.  The evidence…

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Conviction for crossing state lines to sexually abuse a minor upheld against Fourth Amendment challenge and claim of Government misconduct

Castaneda appealed his conviction for enticing a minor to engage in unlawful sexual activity in violation of 18 U.S.C. §2422 and one count of crossing a state line with intent to engage in sexual activity with a person under the age of 12, in violation of 18 U.S.C. §2241(c).  Following…

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Prior state court sex offense qualified as an enhancement for federal child pornography conviction

Jason Kushmaul was indicted by a federal grand jury on two counts of distributing child pornography and with possessing material containing child pornography involving a minor under the age of 12 in violation of 18 U.S.C. section 2252A. He was arrested in Florida by Bay County Sheriff Officer who went…

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Sex offender’s challenge to Florida’s registration requirement barred by statute of limitations

McGroarty sued the Florida Department of Law Enforcement claiming a violation of his substantive due process rights under the Fourteenth Amendment of the U.S. Constitution. McGroarty’s federal lawsuit alleged that the FDLE violated his rights by continuing to publish his personal identifiable information on FDLE’s sex offender registry website even…

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Prosecution statements not reversible; restrictions against using the internet not a First Amendment violation

Bobal was indicted by a grand jury on two counts of using a means of interstate commerce to attempt to persuade a minor to engage in sexual activity in violation of 8 U.S.C. sec. 2422(b) and committing a felony offense involving a minor after being required to register as a…

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Defendant’s conduct in a foreign country can be used to enhance the sentence

In this appeal Anthony Spence was charged with knowing transportation of child pornography in violation of 18 U.S.C. 2252A(a)(1) and knowing possession of child pornography in violation of 18 U.S.C. 2252A(a)(5)(B). He was found guilty after trial. In calculating his federal sentencing guidelines range the probation officer recommended an increase…

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