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Articles Posted in Sex crimes and internet crimes

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Solicitation of sexually explicit images from a purportedly 13-year-old girl was notice under the criminal statute

Caniff was convicted of attempting to entice a minor to engage in illegal sexual conduct, with advertising for child pornography and attempted production of child pornography. The underlying facts began with an F.B.I. agent posing as a thirteen-year-old girl on Whisper, and online website and cellphone application that allows users…

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Civil right claim fails for a victim of a prosecutor’s defamatory statements

  After serving seven years in prison for a kidnapping and rape conviction, a DNA test revealed that Echols’s DNA did not match the semen recovered from the victim. His conviction was vacated by a Georgia trial court and the local district attorney, Spencer Lawton, declined to retry the case…

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Disciplinary sanctions and Title IX procedure by Valencia College found Constitutional

The issue disputed in Koeppel v. Valencia College was whether Valencia College violated Jeffrey Koeppel’s statutory or constitutional rights when it suspended him for his harassing conduct against another student. Koeppel’s suspension followed an investigation by the Valencia Dean of Students after a “Jane Roe” lodged a complaint about messages…

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No suspicion needed to conduct forensic search of an electronic device at the border

Touset appealed his conviction for three counts of receiving child pornography, transporting and shipping child pornography and possessing a computer and computer storage devise contain child pornography.  He was arrested after his arrival on an international flight at the Atlanta Georgia airport, when a Customs and Border Protection agent inspected his luggage and…

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A warrantless search of a cell phone is permissible at a border entry

In this case Hernando Vergara appeals the denial of his motion to suppress evidence found on two cell phones that he carried upon returning to Tampa, Florida on a cruise from Cozumel, Mexico. The search took place in Tampa where he entered customs. Vergara had already been on the list…

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Search warrant for Facebook account flawed but not enough to overturn a sex-trafficking conviction

Defendants Blake and Moore were convicted of child sex trafficking two underaged girls. The case arose when FBI investigations discovered that ads for prostitution services were posted on the classified website Backpage. Moore would take phone calls from potential customers who were responding to the ads and Blake would drive…

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Evidence was sufficient to prove possession of child pornographic images

  In U.S. v Little received multiple emails on his smart phone containing child pornography on December 21, 2013, while he was in Texas. At the time he was in Texas he opened the email and the pornographic attachments. Then Little moved from Texas to Tampa Florida to work on…

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Sentence increase for past sexual acts on a minor upheld.

  David Ryan Alberts was sentenced to 120 months after pleading to receiving and possessing child pornography. Albers was arrested after F.B.I. agents in Orlando Florida went to Albert’s home and where he admitted accessing and receiving and possessing child pornography as long as 15 years ago. They discovered over…

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A jury does not have to unanimously decide the type of sexual activity the defendant attempted to commit on a minor to violate federal statute.

Defendant Freeman Jockisch was indicted and convicted of a violation 18 USC §2422(b) which prohibits the use of the Internet to attempt to persuade a minor to engage in sexual activity. The indictment alleged he tried to commit rape in the second degree, sodomy in the second degree, and sexual…

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An attorney’s seven-minute absence from the trial did not violate the client’s Sixth Amendment.

  A three-judge panel was reversed in U.S. v Roy by the En Banc court and the defendant’s conviction in federal court in Miami was reinstated for reasons explained below.   Here is what happened at the trial. Roy was charged in a five-count indictment with sext crimes related to minor girls. Count one…

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