Speech On Human Trafficking Before United State Congress and Child Sex Tourism

Sex tourism is the practice of traveling to foreign countries, often on a different continent, with the intention of engaging in sexual activity or relationships in exchange for money or lifestyle support. It predominantly operates in countries where sex work is legal but there are countries where laws prohibit it. Human trafficking occurs on an international, national, and local level. Whether you live in a small town or a large city, human trafficking can be happening in your own backyard or apartment building.

Human trafficking uses force, fraud, and/or coercion for the purpose of sexual exploitation or forced labor. Contrary to popular belief, as defined by law, human trafficking does not necessarily involve moving people across borders. There are many millions of victims worldwide, with estimates of 600,000 to 800,000 people being trafficked in the U.S. alone.

Traffickers are able to exploit their victims in various ways, such as through sex work, forced labor, or organ removal and selling. Sex trafficking, in particular, is a multi-billion dollar industry, where the world is its market. Human beings who are trafficked get treated as disposable, humans become comparable to raw materials that can be bought and/or sold. Human Trafficking is a hidden crime and greatly under-reported. Within the U.S., women, men, and children fall prey to traffickers who often threaten their lives and those of their families and isolate victims making it impossible for them to escape. Many victims trafficked in the U.S. do not speak or understand English and are unable to communicate to ask for help.

Sex Trafficking: Victims of sex trafficking can be found working in massage parlors, brothels, strip clubs, escort services, and on the streets. They are often children or teenagers lured by false promises and, ultimately, forced into prostitution.

Labor Trafficking: Victims of labor trafficking can be found in both domestic and non-domestic situations, in various jobs, such as; nanny and maids, in factories, janitorial jobs, restaurants, hair and nail salons, in street sales, and on farms and construction sites. The victims are trapped into a cycle of debt, forced into involuntary servitude, debt bondage and slavery.

Minors: More than 50% of victims worldwide are estimated to be under the age of 18. Under U.S. law, any person under 18 involved in the commercial sex industry is considered a Human Trafficking victim.

Recognizing the Signs of Human Trafficking

Person carries around keys for hotel rooms;
Person seems to be under the control of another person;
Person seems to be under continual surveillance;
Person has all contacts controlled and monitored;
Person doesn’t manage his/her own finances;
Person does not possess own ID or travel documentation and lies about age;
Person works excessively;
Person lives in poor or cramped conditions, such as multiple-occupation household;
Person is not paid or is paid very little;
Person lives with employer;
Person speaks little or none of the local language;
Person exhibits fear of being deported;
Person is seldom alone and is not allowed privacy;
Person has visible injuries such as scars, burns, lacerations, and bruises;
Person has injuries around head, including the face, nose, and mouth;
Person has untreated infections and sickness;
Person’s appearance betrays poor health and unsanitary living conditions;
Person exhibits drug use;
Person exhibits compliant, fearful, panicky behavior.

More than 48 million people were estimated to be victims of modern slavery in 2022 – and one in four of those were children.

Those are the findings of a new report produced by the International Labor Organization (ILO), a U.N. agency focusing on labor rights, and the Walk Free Foundation, an international NGO working to end modern slavery.

The report estimates that last year, 25 million people were in forced labor – made to work under threat or coercion – and 15 million people were in forced marriage. It’s impossible to know exactly how many people are living in modern slavery, and different studies have produced different estimates. One reason is that modern slavery is a hidden crime that’s difficult to identify. Another is that different studies use different definitions of slavery, with some including forced marriage, for example, and others not. In the past, two of the most widely quoted figures have been those produced separately by the ILO and the Walk Free Foundation. Sex Tourism- Top Destinations of the world These days most tourists while planning for vacation are on the lookout for places where they can explore possibilities of uninhibited sex- not necessarily with their own partners. This would include sexual encounters and sexual surprises as a way of enhancing their travel experience. Globally the sex tourism industry is billions worth billions with millions of sex workers spread across the world comprising both legal and illegal.

Evidence Necessary for a Charge of Child Porn

When a person commits the federal crime of child pornography as stated within the federal definition context, he or she usually does so with the specific steps as needed for a possible conviction. Presenting the important evidence within the case to the courtroom is the most important aspect of convicting a person committing these crimes in usual circumstances.

The Need to Define Child Pornography
When a person faces possible charges for child porn, he or she must commit the crime as stated in the federal definition or as according to the state laws regarding this matter. The individual must possess, trade, create or distribute sexually explicit images or video of a person under the age of eighteen either in his or her home, online or in another way. The person may trade through a website that police may track and apprehend others engaging in the same crime. Often, when the police officers become involved, these crimes may include at least one other person if law enforcement is able to catch him or her.
The Necessary Evidence
To charge the person with child pornography, the police must observe some form of evidence to proceed with the case. This necessary evidence usually exists in photos, video files or data on a computer that was once one of these two items. Even erased, corrupted or deleted files are usually retrievable by law enforcement to charge the individual with child pornography crimes. This evidence presented in the courtroom through a prosecuting lawyer is generally sufficient to seek a favorable outlook from the judge or jury panel. However, the defense may have an effective strategy to defend against the charges and evidence presented.

Files containing explicit child depictions in a sexual pose, with another person of any age in a sexual manner or that exposes the privates of the youth constitutes necessary evidence. Generally, these depictions are in file format on a computer with mislabeled names. The images may even hide behind other images for those perusing the computer. It may often take special software to discover the evidence for use in a criminal proceeding against the perpetrator. Depending on the intention of the person that possesses these files, he or she may have a valid defense in the courtroom for these images or video on his or her personal computing device.
Accidental Child Pornography
While the evidence is generally sufficient to pursue criminal charges against the individual, there are valid defenses against such crimes. Often, a valid defense that may have support is the accidental possession of child pornography. This is possible when someone downloads files that have other files embedded inside the folder or within the image. Some pictures have other pictures inside them either as an intentional harm to the individual or due to a virus or trojan infecting the computer. Some movie file may also contain sexually explicit images of all manner to include illegal photos of children.
The Intentional Crime
For charges to remain valid against a person with child pornography on a computer, the individual must intentionally acquire and possess the material. He or she must knowingly obtain explicit files of minors and attempt to receive, trade or distribute these images to others or to his or her own computer. The specific crime requires intentional actions and willful cooperation. Without this in the proceedings, the individual may have a valid defense against child pornography on the computer or another computing device. With little ability to track successfully, law enforcement relies on proving intention within these charges and crimes for conviction.
Defense against Child Pornography and the Lawyer
The most important and primary defense against these charges is a lack of knowledge or intent in acquiring child pornography on a computer. Downloading something with the graphic content attached is and remains a valid defense that the individual may successfully use. It is important to explain that possessing the content was not intentional in any way, and he or she would have deleted the material if knowledge was present. Consulting with a criminal defense lawyer is generally crucial in implementing a strategy
for these crimes.

Hiring a lawyer is often one of the first actions someone charged with possession or distribution of child pornography will accomplish. The lawyer will work hard to protect the rights of the client throughout the legal proceedings and engage in the use of a defensive strategy to defend against the charges to the best of his or her ability.

Prosecution of Sex Crimes with Weak Evidence

Many illegal sexual attacks and illegal sexual behaviors often do not happen in public areas. Therefore, many accusations are made without any witnesses to these crimes. Approaching these cases requires a dual commitment of protecting the victim who is reporting the crime and protecting the defendant’s legal rights.

Severity of Conviction
Conviction of either an illegal sexual attack or illegal sexual behavior often carries a very harsh punishment. Imprisonment may be for consecutive years. Additionally, the convicted may be placed on a sex offender registry. Depending on state or federal law, this may require the convicted to take polygraph tests, submit a sample of their DNA, be occasionally evaluated and monitored and be required to seek treatment. In addition to the demands of registration, a person labeled as a sex offender is often affected by a negative social stigma.
Statistics Regarding Sex Crimes
The number of cases being reported for illegal sexual attack and behavior has not steadily risen or declined over the years. Various statistics with many variables show that violent illegal sexual attacks and behavior are still a great threat throughout the nation. The most condemned sexual offenders were crimes against children. Ages range from the very young to under 13 to 18 year old children. According to statistics, most convicted sex offenders are male who commit crimes against females. However, there are also crimes reported against male victims. Though the number may be lower, crimes against males must also be taken seriously.
Dishonest Reporting
Collections of statistical data show that there may be as many as one in four of all reports of sexual attacks that prove to be false. Evidence in an illegal sexual attack may not need to be strong in order for the prosecution to convict with juries who are sympathetic to the victim. The horror of these crimes is often enough to convince a jury or judge on the word of the victim even if very little evidence is introduced.
Plea Bargains
Often the alleged perpetrator will accept a bargain of a lesser degree of punishment. Sometimes a defendant may receive no jail time but still be required to register as a sex offender. Often, the defendant accepts such an agreement because the alternative may be to face a prison term in excess of ten years. Criminal defendants who accept such agreements should be certain to receive information from a person hired to protect his or her legal interests who will thoroughly describe the consequences of accepting a plea agreement. This may include information about the effect of registration, including effects on employment opportunities, living in certain areas and maintaining a social relationship with certain individuals.
Examples of False Accusations
Because of the strong possibility of a sex crime being falsely reported and the potential serious ramifications of a conviction based on such an accusation, it is important to be able to identify when a victim may be making a false accusation. Studies show that in some cases of divorce the alleged victim is usually a minor child coerced by another parent to give testimony of illegal sexual attack or behavior that did not occur. In seeking to gain additional time with the child or sole custody, sometimes a parent will cross that line. In other cases, the alleged victim wants to seek revenge from a sexual partner for ending the relationship or not starting one. An entire scenario is created that leads to an unwarranted arrest of an innocent party. This could also be a case of mistaken identity. There are many times that false claims are used to convict an innocent person.
Factors that Determine the Degree of the Crime
In many jurisdictions, sex crimes may be classified in different categories. Each degree carries with it a different potential criminal sentence. There are often many factors that affect the degree of the crime.

For sex crimes, one common factor is the nature of the sexual contact or behavior, with cases involving penetration usually being considered more serious. Another factor is the age of the victim. Similarly, if the victim was mentally, physically or emotionally disabled, the classification of the crime may be more serious. The crime may fit into a more serious degree when the perpetrator uses force, including making threats, harming the victim or having a weapon at the time of the sexual attack.

Legal Considerations for Child Pornography Cases Few sex crimes bring more negative connotations to mind than those related to child pornography. In our computer age where information, images, and videos can be rapidly and easily accessed, this has become a growing area of concern. Although search engines have become better at filtering out inappropriate materials, it is still possible to occasionally come into contact with these matters, either intentionally or not.

Charges related to child pornography can be devastating to families and careers, even if the charges are unfounded.

Most cases start with a search warrant and a seizure of equipment which may include computers, hard drives, flash drives, discs, DVR systems, DVD players, MP3 players, cameras, smartphones, tablet computers, and anything else that can be used to store, view, or play images or videos. Search warrants can be acquired when a person reports finding child pornography on a computer. The reporting person may be a family friend, a computer technician that worked on the computer, an employer, or anyone who has direct or remote access to the system. In some cases, law enforcement personnel use downloaded peer-to-peer programs to search networked computers for files that include illegal contraband. Police may find accounts and IP addresses when websites posting or promoting contraband images are shut down. Many of these sites, some which are hosted in foreign countries, charge users for access and retain records of users and/or their computer IP addresses. And, of course, computers may be searched if seized incident to an investigation for another crime, such as computer fraud or prostitution if the computer is used to post ads on bulletin board sites.

So, if you are under investigation for child pornography, what should you do? First, do not make statements to police or outside persons or parties. That means no discussion with family or friends regarding the facts of the case. Anything you say can be used to support criminal charges, even if you believe they tend to show your innocence. Exercise your right to remain silent and insist on speaking to an attorney and having him or her present before you will say anything to police.

Do not expect to get your computer equipment back anytime soon. Whatever is on there is there for good and now you have to deal with the consequences. If you need a computer you may wish to replace the equipment and take appropriate steps to prevent any similar problems arising in the future.

Possession of child pornography is a very serious offense. It should not be taken lightly. It can result in either federal or state charges (or sometimes both) depending on the particular facts. Mere possession of child pornography is a felony in most jurisdictions, while dissemination of child pornography is an even more serious offense. Moreover, a person convicted of child pornography charges is usually required to register as a sex offender, a label which will follow him or her for the rest of his/her life.

If you have been charged with possession of child pornography, there are a few distinctions to bear in mind. First, possession of regular pornography is not a crime in most jurisdictions. Only possession of child pornography would be criminal. It requires that you had an intent to possess child pornography. That means the government must prove that you had the intent to possess the image(s) and that you had reason to know of its true content and character.

Second, there are many ways you may have acquired images on a computer. Simply having the images somewhere in the memory of your computer does not prove that you had the requisite intent or knowledge to possess the image. Computers may have many users, files are often cached in memory without your knowledge, etc. That means determining which user may have accessed, downloaded or disseminated contraband child pornography images may be a significant defense issue. Even a one time user of a computer may contaminate its hard drive or cache memory with contraband. That is particularly true for computer systems that share an internet connection such as wireless networks at home.

Additionally, files may also be downloaded blindly without knowing specifically about their content. For example, images may be downloaded by clicking on a link without first reviewing the content of the image being downloaded. This may occur with links found in newsgroups or other internet settings. Images can also be downloaded in bulk where each image is not reviewed before the download. Two simple examples may be when a person downloads multiple images associated with a zip file or by highlighting a series of links for download from file sharing programs. Also, as hacking attacks become more prolific, someone else may take control of your computer through a “backdoor” and use it to find, download, and view child pornography without your knowledge, either to frame you or to hide their own identity.

Third, several states have ruled that a person cannot be convicted of "possessing" child pornography based on merely viewing pornographic images a home computer. Pennsylvania, Virginia, Washington and Wisconsin have had similar rulings on the issue. When an image is viewed on a computer, that image is "cached" by the web browser. That means it may exist on the computer without the person ever making an attempt to download the image. Though the person may have been aware of what they were viewing, they may have been unaware that they were automatically downloaded and saved to his computer, and therefore, didn't "knowingly possess" the pornography as state law requires. Even if the person saw what the site contained and immediately left, the image would have been on their computer and that was deemed insufficient for a child pornography conviction.

Finally, search warrants that are used to seize computers and other equipment with electronic storage capacity may be flawed and unsupported by requisite probable cause. When probable cause is lacking for a warrant, any evidence taken as a result of that unconstitutional seizure may be suppressed and cannot be used at trial. Often search warrants are not sufficiently specific to allow police to seize certain storage devices, but they take them anyway. In such a case, the evidence would not be allowed at trial, as it exceeded the warrant's ability to interfere with your right against illegal search and seizure.

If you have been accused of possession or distribution of child pornography, you should immediately seek the assistance of a qualified, experienced criminal defense attorney. If you are actually guilty of these acts, you may also wish to consider seeking psychiatric assistance to help you overcome these impulses. Unfortunately, whether guilty or not, these charges can be devastating, so it is important to minimize the damage as much as possible by seeking the best possible assistance from professionals as soon as possible.

Sex Offenders and Predators

Sadly, the news is constantly filled with reports of various sex crimes, like rape, teachers having sex with underage students, and child pornography rings. Another frequent story is that of the sex offender or predator who offends again and hurts somebody. But what is the truth behind sex offenders and predators? Which crimes will result in registration? How can you find out about sex offenders near you? Just how big of a threat do these people pose?

Fortunately, you will probably be happy to know that most sex offenders are not likely to be a threat to you or your family. Given recent trends to impose more and more harsh sentences against those who commit sex-based crimes, many people are required to register as sex offenders that many would not consider dangerous. A quick review of sex offender registrations in your state will probably reveal that the vast majority of registered offenders would be guilty of bad judgment more than anything else. Generally, sex offenders have committed non-violent sexual crimes, and the vast majority are those who were over the age of majority while their significant other was still a minor, and someone's parents did not approve, resulting in a statutory rape charge. Statutory rape occurs anytime a person over the age of majority has sexual contact with a person under the age of consent, even if the contact is completely consensual and even if the minor lied about his/her age. Obviously, these individuals are not likely to pose too significant of a threat as this is typically a crime of bad judgment between individuals who are not grossly distant in ages, rather than a crime of evil or malicious intent or violent behavior.

So now that we have defused some of the hysteria regarding sex offenders, what does it mean to be a sex offender or predator? In most states, anyone convicted of a sex-based crime can be required to register as a sex offender or predator. This registration usually lasts for life, and follows the person from state to state should they move. The individual who is registered as a sex offender or predator must always notify the government of his or her current address and in many locations they may not live within certain distances of different public facilities, like schools, parks, or churches. Furthermore, the individual's registration information usually remains a matter of easily accessible public record, normally retrievable through a simple search of local or state law enforcement websites or a number of third party websites.

Depending on the jurisdiction, virtually any sex-based crime can be required to register as a sex offender or predator. These can include rape, lewd and lascivious behavior, child molestation, statutory rape, child pornography, indecent exposure, obscenity, and (in some jurisdictions) even prostitution or solicitation for prostitution. The nature of the crime will likely usually determine whether one is an offender or a predator. The vast majority of those who must register are merely sex offenders. These are normally people who committed non-violent sexual offenses, and, as noted above, a very large majority of those are guilty of mere statutory rape. Other crimes may include indecent exposure, obscenity, possession of child pornography, and prostitution, among others. Sexual predators, on the other hand, are usually guilty of more serious sexual crimes, and generally ones in which violence or actual lack of consent are involved, like rape.

Unfortunately, little is done to differentiate between the different types of crimes in which registration is required. As a result, many non-violent sexual offenders who engaged in conduct that would be unlikely to be repeated are also required to register and are confused with the more dangerous sexual predators. This can result in difficulty finding housing, employment, and a wide array of personal humiliation and embarrassment lasting for the rest of the individual's life.

However, if you are concerned about locating sex offenders and predators in your area, the task is usually pretty straightforward. There are a number of private sites dedicated to this purpose, but most states also have a registration system that will provide a way to search around a given address to see how many offenders or predators may be in your area, what their addresses are, and usually provides you a photograph so you can see what they look like. Also, these sites usually provide information about what the individual's actual criminal offense was so you can determine just how bad of a threat (if any) these people may pose to your or your family.

Obviously, a large part of this article has been dedicated to trying to remove a lot of the sensationalism from sex offenders. But, if you find you do have a sexual predator living near you, you may have reason to be concerned. Obviously, forewarned is forearmed, but this should not be taken to an extreme. An unintended side effect of the registration of sex offenders and predators has been to incite violence against these individuals. While it may be wise to keep an eye on someone who has previously been convicted of a violent sexual offense, it is not okay to take the law into your own hands by attacking this person, defacing their property, or threatening them in any way.

For more information about what to do if a sex offender moves into your neighborhood, you may wish to speak with a real estate attorney or, if you live in a community association, someone familiar with community association law or the policies of your community, like a board member, attorney, or property manager.

What Legally Makes It Child Pornography ?

Child pornography is a crime that deals with some of the harshest and most serious laws that a person can face. Regardless of the specifics of the event or material involved, the first offense is met with heavy punishment, and subsequent offenses result in even harsher criminal sentences.

There are officially two types of material considered child pornography, simulated, or digitally generated, and pornography produced with the direct involvement of the minor. With the production of child pornography other charges may be included, such as child abuse, and many other laws may come into play during the case.
Defining Child Pornography
Pictures of child pornography are not secure under First Amendment rights and are unlawful items under federal law. Though there are only two types of child pornography, those categories include several forms of material and media. Under federal law, any visual portrayals of sexually explicit behavior involving a minor are considered child pornography.

Visual illustrations containing child pornography are deemed illegal under federal law. These may include photographs, videos, digital downloads, images produced to depict an actual minor, undeveloped film and video and electronically stored data.

Sexual activity is not needed in the image to be considered pornography. The images may contain a nude picture of a child that is deemed sexually suggestive and be considered illegal. Child pornography under federal law is the disregard for age of consent for sexual activity in a given state. Some states consider age of consent to be younger than 18 years old, but when child pornography is concerned, any depiction of a minor under the age of 18 engaging in sexually explicit conduct is unlawful.
Laws Controlling Child Pornography
The specific kind of charge varies depending on the situation and severity of violation. Not all cases are charged as federal cases; however, all cases involving the internet will be covered under federal law. States may file charges against a suspect in addition to federal charges.

Penalties may vary based on various actions regarding the creation, possession or distribution of child pornography. This includes any activity related to the categories of filming or photography, storing on a computer hard drive, DVD or hard copies and the distribution and sale of the material through any and all means. Any acts that affect interstate or foreign commerce such as delivering items through the United States mail or across state or international lines will be considered a federal offense.

Federal jurisdiction applies similarly when the Internet is used to transfer pornographic images or videos of minors across state lines. This standard is so strict that, even if the pornographic depictions themselves did not travel across state or international borders, federal law may be involved if the materials used in the transfer, such as the computer used to download the copy or the CD Rom used to store the material, originated or up to that time moved in interstate or foreign commerce. If there is the smallest connection at all, federal laws can be implicated.

Included in the international control of child pornography production is Section 2260 of Title 18 of the United States Code. This particular section proscribes any persons outside of the United States to competently generate, assemble, transport, distribute or allot child pornography with intent to import or spread the pornographic depictions into the United States.

Section 2251 of Title 18 of the United States Code makes it illegal to influence, encourage, entice or pressure a minor to participate in sexually explicit behavior for purposes of the production of pornographic material. Any attempts to violate these laws may be considered an offense, even if the offender did not succeed in fully creating the material. Section 2251A of Title 18, specifically states that any parent, legal guardian or other individual in care of the youth cannot buy, sell or relegate custody of that minor for the purposes of making child pornography and will be punished fully under federal law.

A person may be charged under both state and federal law without violating double jeopardy prohibitions. State laws vary from federal law, but they often contain similar language regarding federal charges.
Contact a Lawyer
The production, possession or distribution of child pornography is a serious crime. If there is any evidence that someone is committing an act that is connected to child pornography, it is best to contact the police or a lawyer. If an individual is charged, a lawyer should be sought immediately.

Statute of Limitations for Child Pornography

Statutes of limitations are a set of regulations governing the amount of time after a cause of action arises by which the case must be brought or be barred from being heard by the court.

Statutes of limitations apply to a wide range of cases, including civil causes of actions like breach of contract claims and tort claims. However, statutes of limitations can also apply in the criminal context. These statutes usually run from the date when the offense was committed and last for a certain number of years. If a person committed a crime but the statute of limitations has expired, the prosecution is usually barred from prosecuting the case.
Reasons for Statutes of Limitations
The rationale behind having a statute of limitation is that it allows a judicial body to make a decision within a reasonable length of time. Additionally, statutes of limitations help ensure that cases are brought when the memory of witnesses is fresher and the evidence is more reliable.
Deviations from the Standard Statute of Limitations
In some circumstances, the statute of limitations can be extended past the standard statute of limitations. One such reason for this deviation is when the victim is a minor. Therefore, in cases involving sexual abuse of a minor, the statute of limitations may be subject to an extension based on the child reaching the age of majority.
Guidelines
For many non-capital offenses, the federal statute of limitations is five years from the date when the crime was committed. Some states have shorter statutes of limitations. In this situation, a person who is not charged under state law because the statute of limitations has expired can still be charged under a federal charge with a longer statute of limitations.

In contrast, some state statutes of limitations are longer than a comparable federal charge. Some states have statutes of limitations for three or four years. Others have statutes of limitations for seven years. In some instances, there is no applicable statute of limitations, allowing the prosecuting body to bring forth charges at any time during the defendant’s lifetime.
Criminal Punishments
Child pornography charges are some of the most serious and highly punishable. Maximum sentences may be life sentences. Additionally, criminal penalties are usually higher for second or subsequent offenses than they are for a first offense. However, even first time offenders can face serious criminal punishments. First time offenders of producing child pornography can face punishments under federal law of 15 to 30 years in prison and fines. Being convicted of transporting child pornography can result in a criminal sentence of 5 and 20 years in prison and fines.

When criminal defendants are facing sentencing, a number of factors are considered, including any prior criminal history, the nature of the offense and circumstances surrounding the charge. In child pornography cases, some of the factors that can affect a sentence include whether the images in question are considered violent or sadistic, the number of photos that were produced and whether the minor suffered sexual abuse. Some conditions may result in aggravated charges, such as if the images contained brutal elements or sexually attacked the victim.

When a criminal defendant convicted of a child pornography is released, he or she is usually required to register as a sex offender. There may be additional conditions imposed upon him or her, including not living in a residence with children, staying a certain number of feet away from a school or daycare center and keeping the authorities updated with his or her current contact information.
Legal Assistance
Individuals who are facing charges for child pornography often decide to contact a criminal defense lawyer to protect their legal rights and build a defense. Victims or their families may wish to talk to a lawyer to learn about their rights and about how any statutes of limitations can affect the case. Nuances in statutes of limitations can be complex and require a careful legal analysis.

Federal Sex Crimes Explained

Many states have specific laws that prosecute sex crimes in a harsh manner. In some instances, these same crimes are prosecuted as federal cases as well. These tend to be the more aggravated crimes among those also tried state-side.

Convictions with one or both cases may lead to severe punishments in jail or prison and fines. When sex crimes are committed in most states, sex offender registration is mandatory. If a double conviction occurs, extensive jail or prison years may be issued along with fines and other penalties, depending upon how severe the sexual crimes committed were. In federal crimes, mandatory guidelines may be used for sentencing convicted offenders.
State and Federal Courts with Sex Crimes
State and federal courts may be tasked with trying criminal defendants for sex crimes. However, some sex crimes cross certain boundaries, implicating state and federal crimes. While state courts are local to the county or city the crime is committed in, federal courts are established by the United States Constitution.

State courts have varying laws for each state and possess enough power to convict and sentence criminals to whichever appropriate punishment fits the broken law. These courts typically handle family disputes, theft of funds, theft of good, general theft, broken contracts and related claims. Other such cases including criminal, antitrust, bankruptcy and other crimes at an elevated level are often out of state jurisdiction. At the federal level, crimes that states cannot try are completed with guidelines in sentencing issued by an agency that oversees these guidelines.
State and Federal Involvement
Most criminal cases concerning offenses that violate laws set forth by the state are heard and tried in a state court. However, if a federal law has been broken, these cases are sent to a federal court. When both state and federal laws are connected in the crime committed, both state and federal courts may try the offender. The United States Supreme Court has ruled that facing criminal conviction for state and federal charges is not in violation of a person’s freedom from double jeopardy.
What is a Federal Crime?
When a crime is committed that violates federal legislation, it is considered a federal offense. Though many crimes considered criminal and not just civil are tried in the states associated with the crime, any federal offense committed against the legislation or federal law is prosecuted in a federal court. Some crimes committed start out as state crimes but are elevated to federal crimes when certain factors are incorporated. Some sex crimes when aggravated become federal level due to the severity or additional aspects related to the initial crimes. Conviction brings mandatory minimum sentencing with potential for enhancements that increase sentence minimums and fines along with other potential penalties. After prison terms have ended, the person usually has a probation period or parole. Sex offender registration is frequently obligatory at the federal level, but if it does not apply, the state may automatically require this penalty.
National Sex Registration
For those that must comply with sex offender registration at a national level, many characteristics of the convicted offender are available to the public through online searches. These usually include the convicted person’s name, address of residence, a headshot picture and descriptions of all sexually committed offenses. These are all posted publicly within the registry. Anyone with access to the internet who knows the website is able to peruse the registry to find offenders in his or her local community. The registration often lasts years, but it may keep data until the offender’s life ends. The registration may limit and restrict housing, job searches, areas the offender may come in contact with and interactions with whichever type of person he or she offended. This often includes restrictions related to proximity to schools, parks, housing communities and some public entertainment areas may be restricted by a certain distances.
Other Punishments for Sex Crimes
When conviction of a federal sex crime occurs, the offender may be required to attend a federal medical center as part of the conditions of his or her sentence or release. Mandatory visits to the Federal Bureau of Prisons Facility are required by some when crimes fit the needs. The facility is set up to treat the terminally ill, mentally ill and sexual offenders. Those that must attend this facility are enrolled in the residential Sex Offender Treatment Program or the Sex Offender Management Program. These intensive treatment programs are designed to assist sex offenders with their internal issues involving what caused them to commit the sex crime.
Common Types of Federal Sex Crimes
Most crimes that involve children are cases tried at a federal level. These may include sexual assault, possession of child pornography, rape or sharing child pornography with others to varying degrees. Other federal sex crimes may be aggravated sexual abuse, offenders with multiple offenses, exploitation of children in a sexual manner, human trafficking, abusing a minor sexually, when death is the result of sexual abuse, when children are purchased or sold for sexual purposes and other related crimes. When a person’s sexual crimes cross state lines, federal charges are often implicated.

Internet Sex Crimes

Sex crimes are prevalent in each state to varying degrees. Of these, many offenders are convicted of crimes involving interactions through the internet. Some use profiles to capture the attention of specific people, while others create or distribute illegal content such as child pornography.

While many feel safe cruising the internet while believing they are anonymous, many are unaware of just how watched some are when browsing online. Not all internet crimes may be discovered, but those that are may be harshly penalized when convicted.
Accusations Cause Difficulty
Accusations of sex crimes may cause a loss of reputation, social damage beyond repair, ruination of relationships and other related problems. The very accusation may be the foundation for charges in some states, potentially leading to conviction. Accusations of these severe crimes often cause others to lose faith in the accused individual. Some relationships may fail because allegations are believed even though the defendant has not even been convicted. Those in the community the alleged criminal resides in may treat him or her with prejudice based on the accusations alone.
Sex Crimes are an Illegal Activity
Various activities online are illegal. To be an internet sex crime, any activity conducted through use or aided by the internet must be involved. This may include possession or distribution of child images or video of a sexual subject or manner, attempting to entice or encourage a minor’s interactions in a chat room or sending provocative photos or video to a minor. Requesting these may incur additional charges of possession of child pornography as well. These crimes are often complicated with charges at both a state and federal level.
Crimes of Child Pornography
When sex crimes are committed online, these often include charges involving the collection of visual depictions of minors or those that have graphic images of sexual contact or nakedness. Downloading or distributing these images across state lines causes these offenses to be upgraded to the federal level. This may be through server exchanges, transport via routers or even movement with conventional vehicles.

Penalties for these crimes are often harsh with potential additional punishments added on based on the factors of the crime involved. The amount of photos, depictions, age and various similar factors are included in sentencing determination.
Online Inducement and Requests
Luring minors online through enticements with the intent of committing the crime of sexual abuse is a second-degree crime in many states. The minor must be under the legal age of the state, which is usually eighteen. Often prosecution must prove that the perpetrator was soliciting someone under the age of eighteen, some type of attempt was made to entice the youth and intention of committing a crime with the minor was in place. This also involves the use of the internet in the crime.

Penalties through conviction may lead to a prison stay of at least five years. Sex offender registration is a likely possibility if the state requires this. When defending against these charges, the intent behind actions must be proven.
Sex Offender Registration
As with most sex crimes, sex offender registration is required in most states. Any sex offender must register based on the stipulations in the state the crime was committed in and submit various identifying information for the registration. Depending upon the state and crime, registration may be for years or for life. Additionally, sex offenders are often required to register their residence when they move into a new state.
Megan's Law
There are variations of Megan’s Law in every state, but guidelines may differ depending upon certain factors. These guidelines are to administer how the sex offender’s information is permitted for viewing by public individuals. Some states have registration through a database with public access, but others have internet registration accessible only to a few. Notifications of sex offenders are often made available to the community he or she will become a part of.

Some states such as New Jersey have regulations on how sex offenders must adhere. This may require those registered to avoid specific towns or areas that ban those with registration. This may additionally ban special areas where sex offenders with a history of crimes against children might run into such young people.

Finding a Lawyer for Internet Sex Crimes
If accused, it is best to find a lawyer that has knowledge about sex crimes. With internet involvement, the lawyer should be well-versed with how to access and use the internet and how these instances apply to these cases.

Defenses to Possession of Child Pornography

Possession of child pornography is a serious crime with potential harsh punishments based on state and federal charges. It is common for such charges to involve a federal investigation that turns up multiple forms of prohibited conduct.

Some cases involve celebrities or respected members of the community. Being charged with such a crime can have a significant impact on a person’s professional and personal relationships. However, there may be many defenses that are available to someone facing this type of charge. Some common charges include:
Defendant Is Not in Possession
One common defense is that the prohibited material does not belong to the defendant. This defense may be raised when the content is found on a computer that is shared, such as a work computer. Someone else may download the content and then accuse the defendant of doing it. This defense may also arise if an angry spouse, disgruntled employee or other individual who is after the defendant downloads the content in an attempt to frame the defendant. The person who plants this prohibited conduct may then tip off police as to its existence.

A criminal defense lawyer can help establish this defense such as by having a computer forensic expert show how and when the content in question was downloaded or by establishing that it was not possible for the defendant to download the material.
The Content In Question Is Not Child Pornography
In order to be considered child pornography, the content must meet a specific definition. This content is typically that depicting naked children or sexually explicit content featuring children. If the content does not include children, it cannot be considered child pornography. There is also content that is exempted by the Motion Picture Association of America, such as specific drawings or films. Additionally, content that serves an educational or scientific purpose may not be considered child pornography.
Unintended Possession
Another possible defense to child pornography possession charges is that the possession was not intentional. This defense can arise if someone accidentally receives child pornography through email or accidentally clicking on something on a website. Simply by going to certain websites due to a typographical mistake in the web address can result in such content immediately downloading. A criminal defense lawyer can help establish this defense by showing the limited time that a person spent on a particular website.

Another defense of this nature may arise when the defendant intended to view pornographic material but did not intend to view that depicting children.
Illegal Search
In some cases, the defendant may be able to raise a defense not based on his or her actual innocence but based on procedural errors that were made in the process in violation of his or her constitutional rights. For example, the defendant may be able to successfully argue that the incriminating evidence was illegally seized by police.

This defense may arise if the warrant was illegally obtained because the law enforcement officer who obtained the warrant lied in order to get it. In other situations, police may have went beyond the scope of the warrant, such as by searching locked boxes or computers that were not specifically named in the search warrant.
Psychological Addiction Caused It
This defense may be used to help minimize the sentence that the individual receives if convicted. While this will not usually result in a dismissal of the charges, it may held the defense receive a sentence involving a treatment program instead of incarceration.
Entrapment
Entrapment occurs when police operate a sting operation in which they arrest a person after encouraging him or her to commit a crime that the defendant otherwise would not have committed. Once the defendant completes the transaction to purchase or download child pornography, police arrest the defendant. This defense may arise when the defendant purchases content that was not clearly child pornography or labeled with an ambiguous title.
Legal Assistance
Individuals who are suspected of violating possession of child pornography laws may wish to contact a criminal defense lawyer. He or she can explain the defendant’s rights. Additionally, he or she can discuss defenses that may apply to the case depending on the particular circumstances involved and work to protect the defendant’s constitutional rights.

Potential Problems of Laws Like Jessica’s Law

Sex offenders are often viewed as some of the worst offenders. This often leads to unfair treatment at trial and abuse within prison walls.

Jessica’s Law, annotated at Texas Penal Code 21.02, is a prime example of the danger that can exist when sex offenders are treated differently than other types of offenders.
What Is Texas Penal Code 21.02?
This law is titled “The Continuous Sexual Abuse of a Child.” The law states that an individual is guilty of committing this offense if he or she commits two or more acts of sexual abuse within 30 or more days. This is computed if there are any offenses toward any child, not just the victim in question at the moment. The law applies if the offender is 17 or older and the victim is younger than 14. It was enacted in 2007 and is a version of Jessica’s law but is a Texas state law.

In particular
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the law was enacted a year after a Texas judge had a case in which a child victim testified to being abused more than 100 times by the same perpetrator. The judge stated that a new penal statute should be implemented that focused on a continuing course of conduct.
Constitutional Challenges
Jessica’s Law and similar laws across the country have encountered several constitutional challenges. One source of contention is that these types of laws tend to result in a harsher punishment when compared to nearly any other felony in the state.

Another source of contention is that some of the crimes that can result in being prosecuted under Texas Penal Code 21.02 do not require a unanimous jury verdict, including aggravated kidnapping with the intent to sexually abuse the victim, sexual assault, sexual performance by a child, indecency with a child and aggravated sexual assault of a child. The jury is only required to determine whether the defendant committed two or more acts listed in the statute and are told that they do not have to have to base this determination off of a unanimous finding to this effect on the predicate offenses.

However, this issue is complex as some appellants have successfully argued that a jury must decide every element of a crime charged in a unanimous manner. In one such challenge, the United States Supreme Court held that the jury has to unanimously decide that a defendant committed a series of violations based on a different offense as well as which particular violations made up the necessary continuing series. The Court specifically stated that each violation was considered a separate element under a particular statute, so the jury was required to agree unanimously about these separate predicate offenses.

The Texas appeals court has interpreted the United States Supreme Court holdings and rhetoric in a different manner. In particular, the courts have focused on the Supreme Court’s exception that states that if the criminal statute includes a single element as a series, the jury only has to unanimously agree that the defendant committed the requisite number of crimes but not the particular crimes. If each crime is not considered a separate element, then the court reasons that the jury only has to find that the requisite number of crimes were committed. In other cases, the Supreme Court has held that the jury may not have to return a unanimous verdict on every aspect of the crime, such as determining whether a murder was premeditated or felony murder.
Consequences of These Laws
Many such statutes include harsh criminal penalties, such as Texas’ law that includes a 25-year sentence or a maximum of a 99-year sentence with no chance for parole. Because the law contains a minimum sentence, prosecutors are not able to plea bargain a lighter sentence when the 25-year minimum is overzealous. Another concern that some have is that many cases of sexual abuse involve family members, so other relatives may be hesitant to contact authorities if this may mean that their loved one may get a life sentence.
Legal Assistance
Individuals who are being investigated for allegations of sexual abuse may wish to contact a criminal defense lawyer. He or she can explain the individual’s rights and the applicability of any law on the books that may impact the case, such as Jessica’s Law. He or she can also review if a constitutional challenge may be made to such a law. A criminal defense lawyer is responsible for establishing a solid defense when a client is charged with a crime. He or she may also help negotiate for a plea bargain in order to receive a reduced charge or sentence.

When Teens Make Child Pornography

The use of technology in the age of computers provides for the ability to create video and audio files from real-life situations to include sexual relations between one or more parties that may end in the making of child pornography. When a teen engages in this type of activity, he or she may face a juvenile criminal court or other consequences depending on the nature of the crime.

It is easy to make child pornography when both possess a cell phone and are able to capture sexual relations in action. The distribution of such video is a sex crime, and the state may punish those involved with severe penalties. If the parties in the video or that send the video are young enough, the juvenile criminal system takes on the case and attempts to impress the seriousness of the actions of those that sent and took the media. However, if one party is over the age of majority for the state or there is a large gap in ages, this could lead to criminal charges of one person charged as an adult.
The Self Capture
Many that unintentionally create child pornography at a young age take selfies with others that are either naked or in a compromised position in the video or photo. No matter what the device taking the media, the parties could become involved in a child pornography case even if the file remains on the original device or computer of one of the targets. If law enforcement discovers the media, the parties could face criminal charges as either a minor in the juvenile criminal system before a judge or as an adult. The selfie sent to others leaves the hands of the original creator, the problem may become larger and wider than initially started with the one phone, camera or computer cam.
What Child Pornography Is
Child pornography is a federal offense with a defined explanation through the sexually explicit capture of video, photo or media when containing a minor. The minor’s age is relevant to the charges. While the crime goes to court on a federal level, the state determines if the person is a minor in the capture. Almost any offense through the use of the internet that involve a youth classified as a minor will constitute child pornography and the federal authorities will charge the person immediately. However, an investigation may provide the law enforcement agency with more evidence for the conviction.

The consequences of involvement in child pornography normally apply mandatory sentences to the person convicted of such charges. If children engage in these crimes, the penalties may increase to the adult level depending on the nature of the content, how the media dissemination occurred and if there are any aggravating factors. Broadcasting the material online may lead to the tracking down of the culprit and charges launched against him or her even if he or she is a minor. Then, it is up to the courts to try him or her as a juvenile or an adult.
Potential Consequences of Child Pornography
When the parties involved in the child pornography are teens, the judge may determine that the matter requires rehabilitation rather than punishment. However, if the factors surrounding the incident are serious, he or she may decide that one or both parties should proceed as adults in the case. If adult charges lead to a criminal court case, one or both parties may face sex crimes in the courtroom. Normally, the person that distributes the media is the culprit that will go before the judge. However, if others commit the same crime, they could also face lesser or similar charges.

The consequences are often serious such as jail or prison terms for a first offense. Others may need to register as a sex offender for possessing and distributing child pornography. If the person is underage and considered a minor in the state, he or she may only face juvenile criminal court. Then, the judge may determine that a different route is necessary such as rehabilitation through education and counseling programs. If that is the case, the teen may not face life-altering sentences.
Child Pornography Teen Support
No matter how the teen distributes the media or causes problems with child pornography, he or she generally requires the services and support of a legal professional. A lawyer to explain the matter and the seriousness of charges to include the adult criminal system. He or she will work to defend the teen in court.

Does Spousal or Marital Immunity Cover Child Porn on My Home Computer ?

There are instances where a court will use exemptions to spousal or marital immunity to ensure that one spouse is able to testify against the other when he or she engages in child pornography with a home computer. This provides the court the opportunity to discover the full scope of the problem and if any other culprits are part of the problem.

The Exception
There are many times that the prosecution or civil litigation lawyer may use exceptions to convince one spouse to testify against the other. The courts would need to examine the specific case and circumstances of the matter. If there are certain issues such as possible child pornography and the spouse was aware or knows where the information is, he or she may need to testify to help prosecution put the person away from the crime. Often, the exception will provide the opportunity to testify if the crimes occur with the child of the spouse. Then, the immunity or privilege of a spouse is not in play.
The Child Pornography Case
Cases of child pornography are often severe. The individual on trial will own, distribute, trade or sell images or video of graphic scenes with minors. Usually, the depictions are blatant or suggestive. Additional factors may include seriously young victims, pictures found online through certain websites that provide the data or hacked systems that may possess various pictures or video. An investigation into the matter may provide the prosecution with additional areas of proof or in helping the police or agency in discovering numerous other culprits of the same crime. Then, the prosecution may convince the spouse to forego privilege and testify against the defendant.
Investigations and the Child
The initial investigation into the case that leads to the arrest of the person engaging in child pornography usually uncovers images or video of the crime. However, if the prosecution and police have additional evidence, the investigation may continue until everyone is certain and satisfied that there is nothing else to find. At that point, it is important to determine how to proceed. If the spouse is cooperative with the police, he or she may also cooperate and help with the prosecution. By testifying against the spouse, the individual foregoes spousal or marital privilege and may give testimony within the courtroom.

To assist the police and prosecuting lawyer, the group may show the evidence to the spouse. It is often not necessary to accomplish this if the child affected is within the family or someone that spouse knows. The injuries to the youth may also incite anger and righteous fury with the wife or husband to seek justice for the criminal activity. To could lead to the spouse providing a personal computer, additional hard drives or locations where the romantic partner would hide items. This may also include a storage unit, online access or accounts that hold information or video or camera captures of proof of the crimes.
Inapplicable Immunity
There are instances where the effects of child molestation or forced sexual interactions could lead to the revocation of immunity between spouses. This generally applies to cases where the child of the family is the victim and there is communication between the two spouses about the possible case or materials that may affect the strength of the case against the perpetrator. It is important to consider all factors when there is the potential to admit the testimony of the spouse. The exceptions are not often considered in these cases until the matter arises. It is at the time of the child pornography proceedings that the problem may rise to the circuit court.

Federal evidence law becomes part of the case when determining if the child pornography and any sex crimes affect the spousal or marital privilege. Immunity in these matters may not exist depending on the circumstances. Communications between spouses may lack the immunity of spousal privilege if one spouse harms the other or a member of the family. However, without this, the court may have little recourse in forcing the legal partner into testifying against him or her.
Legal Defense and Spousal Immunity
The spouse will need a criminal defense lawyer, and the other spouse may need to communicate possible immunity factors with the legal professional if he or she does not want to testify against the spouse. The lawyer may need to work hard to determine if immunity will apply or if the court will revoke it.

Showing Porn to a Minor - Is It a Crime ?

The crimes connected to exposing a minor to various types of pornography involve obscenity, but this is not a specific protection within the Amendments to the United States Constitution. The local authorities may charge the individual with an area or location crime rather than a federal or state charge based on the activity.

Obscenity Explained
Some states may have no laws against exposing a minor to pornography, but others use the rule of obscenity. This is when, through a specific test, the individual uses visual or graphic depictions, written or even spoken words to influence or harm another person. It is illegal to transfer, distribute, trade and sell items of obscene material through federal law. The law does not prevent possession of these items, but the individual is not able to legally use mail, carriers or internet services as a means of transport. It is possible to commit a federal crime when involving obscene items.
Obscenity and Minors
It is a violation of federal law to distribute or expose obscene materials to minors. The individual is a minor when under the age of sixteen for federal laws. The material may include any physical or digital copy to include the use of the internet. The perpetrator may suffer various penalties under federal law when violating obscenity laws. Website owners or administrators may face possible criminal charges for misleading minors with domain names or the content in a website. The use of children’s material to entice a minor into the site is one way to violate these laws.