Sex Crimes
Activities Relating to Material Involving the Sexual Exploitation of Minors — New Orleans Federal Pornography Attorney
November 1, 2012
New Orleans Child Pornography Attorney
Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a child pornography offense in New Orleans area. We have represented countless clients in child pornography cases in Louisiana. Some of the specific types of cases we address include the possession, production, possession, distribution or sale of child pornography in New Orleans. Our knowledge of the law and experience in child pornography defense gives us the skill you need to effectively challenge the allegations made against you.
By Elizabeth B Carpenter — Child Pornography Defense Attorney New Orleans
Title 18 U.S.C. § 2252 : US Code – Section 2252: Activities Relating to Material
Involving the Sexual Exploitation of Minors
(a) Any person who -
(1) knowingly transports or ships in interstate or foreign commerce by any means including by computer or mails, any visual depiction, if -
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(2) knowingly receives, or distributes, any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails, if -
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(3) either -
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or
(B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means, including by computer, if -
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct; or
(4) either -
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or
(B) knowingly possesses 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if -
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
Penalties
(b)(1) Whoever violates, or attempts or conspires to violate, paragraphs (!1) (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, but if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.
(c) Affirmative Defense. - It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant -
(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof -
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
Contact
If you need a Child Pornography Defense Attorney in New Orleans, call attorney Elizabeth B. Carpenter at 504-599-5955 or email her to schedule a consultation. Early intervention by an experienced sex crime defense attorney can make a tremendous difference in your case. We are here to help you, not judge you.
New Orleans Criminal Defense Lawyer Elizabeth Carpenter Speaks at the NOPA Annual Educational Seminar on Cyber Crimes
November 1, 2012
New Orleans Cyber Crimes Attorney
Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a Cyber Crimes in New Orleans area. We have represented countless clients in Louisiana Cyber Crimes ranging from Internet Fraud to Child Pornography Offenses. Our knowledge of the law and experience in Computer Crimes Defense gives us the skill you need to effectively challenge the allegations made against you.
New Orleans Criminal Defense Lawyer Elizabeth Carpenter
Speaks at the NOPA Annual Educational Seminar on Cyber Crimes
Elizabeth Carpenter, Esq., a New Orleans cyber crime attorney experienced in sex crime defense, spoke at NOPA’s Annual Educational Seminar on October 26, 2012 about digital forensics and defense in cyber crimes cases.
New Orleans, LA (PRWEB) October 31, 2012
New Orleans criminal defense attorney Elizabeth Carpenter spoke last Friday in a session titled Cyber Crimes: Digital Forensics and Defense at the Annual Education Seminar in New Orleans, a continuing education seminar organized by the New Orleans Paralegal Association (NOPA).
Sex crimes defense requires a very specific defense strategy backed by extensive investigation and trial preparation—something that not all defense attorneys have a background for. NOPA asked Carpenter to speak at their Annual Education Seminar because she has undergone training in Forensics and DNA Evidence at the National Institute of Justice and the DNA Initiative Project, and because she has extensive experience as a New Orleans child pornography defense attorney and cyber crimes attorney.
Not all defense attorneys are willing or equipped to defend Internet crimes, explained Carpenter. “To form an Internet crimes defense in New Orleans, your attorney has to be familiar with the technology in question. If you’re arrested or served with a search warrant for child pornography or other cyber crimes, a computer forensic technician will go through the hard drive of your computer and write up a forensic report. If your attorney doesn’t know how to read the more technical parts of those reports, they won’t be able to form a strong defense.”
The penalties for cyber crime offenses in Louisiana are severe. The sentencing guidelines for even a first-time offender require a mandatory minimum sentence of 2 years and a possible maximum of 10 years without parole per count, along with a fine of up to $10,000. Furthermore, anyone convicted of a child pornography-related cyber crime must register as a sex offender, a requirement that can lead to loss of employment, estrangement from family, and even difficulty finding housing.
“A cyber crime charge is not something that is easy to face,” said Carpenter, “both because of the technical aspects of cases such as these and because of the stigma attached to Internet crimes. It’s important to have someone representing you who is familiar with the procedures involved, and it’s also important to have an attorney who is on your side. My job as a cyber crimes defense attorney isn’t to judge you—it’s to use my experience to protect your rights and preserve your freedom.”
Contact
Are you under investigation for or have you been charged with a cyber crime in New Orleans? Contact Elizabeth B Carpenter, a New Orleans Cyber Crimes Defense Attorney at our firm for a consultation about your case today! Available 24/7 at 504-599-5955!
Are you facing criminal charges related to internet child porn?
Child pornography is a serious criminal offense that can be charged in either Federal or State court. This sex crime is punishable by prison, fines and sex offender registration. A New Orleans child pornography defense attorney can help you avoid these penalties by offering you legal guidance and representation regarding your charges.
For more information about child pornography defense visit our dedicated web page focused exclusively to child pornography defense. Available 24/7 at 504-599-5955!
Court Says Child Porn Victims Can Get Restitution — New Orleans Child Pornography Attorney
October 31, 2012
New Orleans Child Pornography Attorney
Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a child pornography offense in New Orleans area. We have represented countless clients in child pornography cases in Louisiana. Some of the specific types of cases we address include the possession, production, possession, distribution or sale of child pornography in New Orleans. Our knowledge of the law and experience in child pornography defense gives us the skill you need to effectively challenge the allegations made against you.
Court Says Child Porn Victims Can Get Restitution
Child pornography victims can recover money from people convicted of viewing their abuse without having to show a link between the crime and their injuries, a federal appeals court ruled Monday.
The decision conflicts with rulings by several other federal circuits, possibly setting the stage for a Supreme Court challenge.
The 5th U.S. Circuit Court of Appeals ruled that a woman, identified as “Amy” in court documents, was entitled to restitution from Texas resident Doyle Randall Paroline and New Orleans resident Michael Wright, both of whom pleaded guilty in separate cases to possessing child pornography that included images of Amy.
Amy sought more than $3.3 million from Paroline to cover the cost of her lost income, attorneys’ fees and psychological care. A federal judge rejected her request.
Amy also sought more than $3.3 million from Wright, who had images of Amy and at least 20 other identifiable children stored on his computer. A federal judge ruled Wright owed Amy more than $500,000.
Wright argued he didn’t owe Amy any restitution because he didn’t obtain the images until years after she was abused. He also said there wasn’t any evidence that she knew he personally viewed the images.
Amy, now her early 20s and living in Pennsylvania, was a child when her uncle sexually abused her and widely circulated images of the abuse, according to court records. The National Center for Missing and Exploited Children said it has found at least 35,000 images of Amy’s abuse in more than 3,200 child pornography cases since 1998.
In at least 174 cases, Amy has been awarded restitution in amounts ranging from $100 to more than $3.5 million. James Marsh, one of her attorneys, said in January that she had collected more than $1.5 million.
Nine of the 15 judges joined in the majority opinion written by Judge Emilio Garza. The opinion said a federal statute dictates that a child pornography victim be awarded restitution for the full amount of their losses in each defendant’s case.
“Fears over excessive punishment are misplaced,” Garza wrote. “… Ultimately, while the imposition of full restitution may appear harsh, it is not grossly disproportionate to the crime of receiving and possessing child pornography.”
“No other circuit that has addressed this issue has adopted such a one size fits all rule,” he wrote. “Other circuits have given the district courts discretion to assess the amount of the restitution the offender is ordered to pay.”
Stanley Schneider, one of Paroline’s attorneys, said they will ask the Supreme Court to review the ruling.
Contact
If you need a Child Pornography Defense Attorney in New Orleans, call attorney Elizabeth B. Carpenter at 504-599-5955 or email her to schedule a consultation. Early intervention by an experienced sex crime defense attorney can make a tremendous difference in your case. We are here to help you, not judge you.
Former glam rocker Gary Glitter arrested in child sex abuse scandal
October 28, 2012
Sex Crimes Defense Attorney Louisiana
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Attorney Elizabeth B. Carpenter has defended many Sex Offense cases in southern Louisiana. She is one of the premiere Sex Offender attorneys in the New Orleans area. Elizabeth B. Carpenter, Esq. understands that many people accused of Sex Crimes are not in fact guilty. We are here to defend our clients, not judge them. If you or a loved one has been accused of a Sex Offense, contact Elizabeth B. Carpenter Law for a consultation from an experienced New Orleans criminal defense lawyer. Protecting your freedom is important to us.
Former glam rocker Gary Glitter a.k.a. Paul Gadd arrested in child sex abuse scandal
LONDON — Police investigating child sex abuse allegations against the late BBC television host Jimmy Savile arrested former glam rock star and convicted sex offender Gary Glitter on Sunday, British media reported, raising further questions about whether Savile was at the center of a broader pedophile ring.
Police would not directly identify the suspect arrested Sunday, but media including the BBC and Press Association reported he was the 68-year-old Glitter.
The musician, whose real name is Paul Gadd, made it big with the crowd-pleasing hit “Rock & Roll (Part 2),” a mostly instrumental anthem that has been a staple at American sporting events, thanks to its catchy “hey” chorus. But he fell into disgrace after being convicted on child abuse charges in Vietnam.
Sunday’s arrest was the first in a widening scandal over Savile’s alleged sex crimes. Hundreds of potential victims have come forward since police began the investigation into sex abuse allegations against Savile, a much-loved children’s TV presenter and disc jockey who died at the age of 84 last year.
Most have alleged abuse by Savile, but some said they were abused by Savile and others. Most claimed they were assaulted in their early teens.
The scandal has raised questions about whether the BBC, the publicly funded and trusted broadcaster, had ignored crimes it suspected over several decades. Its executives have apologized and vowed to uncover the true scale of the alleged abuse.
“The BBC’s reputation is on the line,” Chris Patten, the chairman of the BBC Trust, wrote in The Mail on Sunday newspaper. “The BBC risks squandering public trust because one of its stars over three decades was apparently a sexual criminal … and because others — BBC employees and hangers-on — may also have been involved.”
On Sunday, the BBC and Sky News showed footage of Glitter, who wore a hat, a dark coat and sunglasses, being taken from his home by officers and driven away.
Police would not directly identify the suspect, but when asked about Glitter a spokesman said the force arrested a man in his 60s early Sunday morning in London on suspicion of sexual offenses in connection with the Savile probe. He remains in custody in a London police station, police said. British police do not generally identify suspects under arrest by name until they are charged.
Glitter, known for his shiny jumpsuits and bouffant wigs, was jailed in Britain in 1999 for possessing child pornography, and convicted in 2006 in Vietnam of committing “obscene acts with children” — offenses involving girls aged 10 and 11. He was deported back to Britain in 2008.
In 2006, the NFL advised its football teams not to use the Glitter version of “Rock and Roll (Part 2)” at games.
One witness recently told a BBC-TV show that she once saw Glitter having sex with a schoolgirl in Savile’s dressing room at the broadcaster’s TV center in the 1970s. Glitter has denied the allegations.
Police have said that though the majority of cases it is investigating relate to Savile alone, some involve the entertainer and other unidentified suspects. In addition, some potential victims who reported abuse by Savile also told police about separate allegations against unidentified men that did not involve the BBC host.
The scandal has horrified Britain with revelations that Savile, the longtime host of the popular BBC shows “Top of the Pops” and “Jim’ll Fix It,” allegedly cajoled and coerced vulnerable teens into having sex with him in his car, his camper van, and even in dingy dressing rooms on BBC premises.
The BBC has set up an independent inquiry into the corporation’s culture and practices in the years Savile worked there. It also launched a separate inquiry into whether its journalists dropped an investigation into the allegations.
But the scandal continues to put the broadcaster under pressure, and it seems likely that more people — either outside or inside the corporation — could be implicated.
“It could be the beginning of other high-profile arrests,” Roy Greenslade, a journalism professor at London’s City University, said in an interview with The Associated Press on Sunday.
Max Clifford, a prominent public relations guru, claimed that dozens of celebrities from the 1960s and 1970s have approached him to express fear that they could be drawn into to the scandal and criticized for their hedonistic behavior in the past.
Greenslade said that while Glitter’s arrest must be a huge concern to the BBC, it is too early to say that the broadcaster’s reputation is in crisis.
“If any BBC employee is shown to be involved, then there would be a nosedive in public trust,” he said. “But nothing at the moment has been proven.”
Harahan Seeks Cyber-Crimes Unit to Catch Online Sex Predators — New Orleans Criminal Defense Attorney
October 20, 2012
Louisiana Sex Crime Computer Crime Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense
If you are being accused of a Sex Crime, Computer Crime, Internet Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Elizabeth B. Carpenter Law for a consultation.
Harahan Seeks Cyber-Crimes Unit to Catch Online Sex Predators
From the Times Picayune
Harahan moved Thursday night to establish its own cyber-crimes unit in the Police Department, hoping to catch online sexual predators who target children in the city of 9,277. The City Council voted 5-0 to request help setting up the unit from the Kenner Police Department, which started one in 2006.
Online solicitation of children in Harahan has not been known to be a problem, but Councilwoman Dana Huete said the potential is real. “With advanced technology now, our kids have iPads and iPhones, and we can’t always police what they’re doing,” said Huete, who sponsored the resolution.
Harahan has no money earmarked for the project, but Huete said it will seek a grant. Police Chief Mac Dickinson likely will assign an officer to work part-time on cyber-crime, she said.
Kenner police have made more than 50 arrests since starting their cyber-crimes unit six years ago, often using an officer posing online as an underaged girl. The suspects have been as near as Kenner and as far away as California and England, said Sgt. Robert McGraw, who staffs the Kenner unit.
“Just remember every time you’re child logs online, there are people all over the world looking to solicit them for sex,” he said.
The crime of “computer aided solicitation of a minor” became law in Louisiana on August 15, 2005.
Whoever is convicted of the crime Computer-aided Solicitation of a Minor shall Register as a Sex Offender for 25 years, to be conducted semi-annually.
If you or a loved one has been accused of a Sex Crime, you should contact a New Orleans Sex Crime Defense Attorney as soon as possible. Elizabeth B. Carpenter Law. Ms. Carpenter is dedicated to defending and protecting the rights of those accused of Sex Crimes. We are here to help you, not judge you!
Video Voyeurism / Voyeurism / Peeping Tom — St. Tammany Parish
August 13, 2012
Criminal Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. – Sex Crimes Attorney New Orleans
Elizabeth B Carpenter Law is one of Louisiana’s premiere law firms representing clients who are accused of Sex Offenses including Voyeurism. If you have been accused of a Sex Crime, contact our office today to schedule a consultation. Video Voyeurism is not an offense to be taken lightly; it is a Sex Crime. Your freedom is important to us!
Voyeurism — La. R.S. 14:283.1
Voyeurism is the viewing, observing, spying upon, or invading the privacy of a person by looking through the doors, windows, or other openings of a private residence without the consent of the victim who has a reasonable expectation of privacy for the purpose of arousing or gratifying the sexual desires of the offender.
Penalties
First Conviction: fined not more than $500.00, imprisoned for not more than 6 months, or both.
Second or Subsequent Conviction: fined not more than $1,000.00, imprisoned with or without hard labor for not more than 1 year, or both.
Anyone who is convicted of the crime Voyeurim must register as a Sex Offender with the state for 15 years to be conducted annually.
Video Voyeurism — La R.S. 14:243
Video Voyeurism is the use of any camera, videotape, photo-optical, photo-electric, or any other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the observing, viewing, photographing, filming, or videotaping and it is for a lewd or lascivious purpose.
Penalties
First Conviction: fined not more than $2,000.00 or imprisoned, with or without hard labor, for not more than 2 years, or both.
Second or Subsequent Conviction: fined not more than $2,000 and imprisoned at hard labor for 6 months to 3 years without benefit of parole, probation, or suspension of sentence.
Penalty Enahncements
** Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than $10,000 and be imprisoned at hard labor for 1 to 5 years, without benefit of parole, probation, or suspension of sentence. ***
** Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any child under the age of 17 with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than $10,000.00 and be imprisoned at hard labor for 2 to 10 years without benefit of parole, probation, or suspension of sentence. **
Anyone who is convicted of the crime Video Voyeurim must register as a Sex Offender with the state for 15 years to be conducted annually.
Peeping Tom — La R.S. 14:284
No person shall perform such acts as will make him a ”Peeping Tom” on or about the premises of another, or go upon the premises of another for the purpose of becoming a “Peeping Tom.”
“Peeping Tom” means one who peeps through windows or doors, or other like places, situated on or about the premises of another for the purpose of spying upon or invading the privacy of persons spied upon without the consent of the persons spied upon. The person does not have to be actually on the premises of another.
Whoever violates this Section shall be fined not more than$500.00, or imprisoned for not more 6 months, or both.
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Penn State Sex Abuse Scandal Inspires New Laws In Louisiana
July 19, 2012
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter — Attorney New Orleans
Penn State University sex abuse scandal has resulted in new laws in Louisiana to penalize those who fail to report allegations of child sex abuse and protect those who do.
One measure protects whistleblowers who report child sex abuse from employer retaliation, while two others penalize those who fail to report to law enforcement. A fourth adds certain classes of athletics coaches to the list of individuals required to notify authorities if they suspect child sex abuse.
Under previous Louisiana law, child care providers, members of the clergy, mental health workers, elementary and secondary school teachers and others listed in the state children’s code were required to report any abuse or neglect they encountered. But if you were an average citizen and discovered child abuse, the law did not force you to report it.
Now, no matter who you are, if you see a kid being sexually abused, you have an absolute, ironclad responsibility to report that to the legal authorities immediately
Adults who fail to report it could face up to five years in prison or a $10,000 fine if convicted. This is a felony.
One lawmaker who sponsored the measure mandating that coaches report any signs of sexual abuse has said he found the facts surrounding the Pennsylvania case so offensive that he had to come up with a way to strengthen laws that protect children.
“That’s where this piece of legislation really came from; it was a reaction to that and the desire to make sure that our laws were strong enough to protect our young people,” he said.
These laws will go into affect August 1, 2012.
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Court Holds Viewing Child Pornography Does Not Necessarily Indicate Possession
May 21, 2012
Sex Crimes Defense Attorney Louisiana
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense
If you are facing a Sex Crime charge in Louisiana of Possession, Production, Distribution of Pornography Involving Juveniles, it is imperative that you seek counsel from an experienced Sex Crime Defense Attorney in Louisiana. American culture has created a witch hunt atmosphere for those accused of a sex crime; you will have to face hostile prosecutors and harsh public opinion. Elizabeth B. Carpenter Law is here to defend you and to protect your freedom. Ms. Carpenter has the experience necessary to effectuate skilled representation for those accused of Possession, Production, Distribution of Child Pornography. Contact us to schedule a consultation.
Court Holds Viewing Child Pornography
Does Not Necessarily Indicate Possession
The Court of Appeals, New York ruled on Tuesday that viewing child pornography on the Internet without any follow-up action like saving or printing files does not create an automatic conclusion of possession of pornographic materials. The ruling was made in the course of considering the case against James Kent, a former professor at Marist College who was convicted in 2009 for 143 counts of possession of child pornography. Two vital counts of that ‘possession’ were dismissed by the court of appeals raising questions as to the fate of the rest.
The question that was considered was whether copies of a web page automatically stored in the computer’s temporary cache while browsing the internet can be construed as ‘possession.’ The court held that to ‘possess’ the cached images, “the defendant’s conduct must exceed mere viewing to encompass more affirmative acts of control such as printing, downloading or saving.”
Judge Carmen Ciparick wrote for the court that the prosecutors need to prove, “at a minimum, that the defendant was aware of the presence of those items in the cache.”
When in 2007, Kent asked information technology staff to have a look at his computer, an employee found numerous photos and videos of young children in compromising positions. Almost 30,000 files were found in the computer’s cache. Kent had argued that he had used the images as part of his research in child pornography and that it could not be possession as he was mostly unaware that such files were saved in his computer’s cache.
Kent was convicted by a non-jury trial of 143 counts of possession. On Appeal, in 2010, the Second Department Appellate Division upheld the conviction and ruled that a cached web page “is evidence that the web page was accessed and displayed on the defendant’s computer screen.”
On Tuesday, the Court of Appeals dismissed two counts which related to files that had not been saved on purpose.
The appellate court mentioned, “a defendant cannot knowingly acquire or possess that which he or she does not know exists.”
However, Judge Victoria Graffeo wrote that the opinion was so broad as to legalize viewing child pornography in New York. Though she concurred in the appellate court’s decision, she said that the opinion goes against the intent of the legislature to punish consumers and eradicate the market for child pornography.
Graffeo wrote “The majority’s decision … will, unfortunately, lead to increased consumption of child pornography by luring new viewers who were previously dissuaded by the potential for criminal prosecution.” Judge Eugene Pigott, too, joined Graffeo and wrote that it is a crime to consciously access child pornography.
The case has been sent back for resentencing.
The case is the People v. James Kent, New York State Court of Appeals No. 70.
Louisiana Sex Law Violates Offenders’ Rights, Federal Judge Rules
March 29, 2012
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter — Attorney New Orleans
Louisiana sex law violates offenders’ rights, federal judge rules
By: Associated Press
A Louisiana law violates the constitutional rights of people who were required to register as sex offenders after they were convicted of soliciting oral or anal sex for money, a federal judge ruled Thursday. U.S. District Judge Martin Feldman said state lawmakers had no “rational basis” for requiring people to register as sex offenders if they were convicted of a “crime against nature by solicitation.”
U.S. District Court Judge Martin FeldmanFeldman sided with nine anonymous plaintiffs who sued last year, saying they wouldn’t have had to register as sex offenders if instead they had been convicted of soliciting sex for money under the state prostitution law.
Civil rights attorneys who filed the suit against Louisiana Attorney General James “Buddy” Caldwell and other state officials claim the law is unconstitutional and discriminatory, unfairly condemning sex acts traditionally associated with homosexuality.
Feldman said the plaintiffs proved they have been deprived of their equal protection rights under the Fourteenth Amendment.
“The defendants fail to credibly serve up even one unique legitimating governmental interest that can rationally explain the registration requirement imposed on those convicted of Crime Against Nature by Solicitation,” Feldman wrote. “The Court is left with no other conclusion but that the relationship between the classification is so shallow as to render the distinction wholly arbitrary.”
Feldman gave the plaintiffs five days to submit a proposed judgment consistent with his decision. Plaintiffs’ attorney Alexis Agathocleous said he and his colleagues were still reviewing the ruling and weighing their options but would, at a minimum, ask for the names of the nine anonymous plaintiffs to be removed from the sex offender registry.
“We will work with the court to sort out the precise details of the judgment in this case,” said Agathocleous, an attorney for the Center for Constitutional Rights in New York.
Agathocleous said the ruling represents “powerful vindication” for the plaintiffs and a rebuke of a statute “borne of age-old animus.”
Feldman said the issue before him “is not about approval or disapproval of sexual beliefs or mores.”
“It is about the mandate of equality that is enshrined in the Constitution,” he wrote.
A spokeswoman for Caldwell’s office said she couldn’t immediately comment on the ruling.
The state Legislature amended the 200-year-old law last year so that anyone convicted of a “crime against nature by solicitation” no longer will be required to register as a sex offender. But the change didn’t apply to roughly 400 people who already had been convicted of the crime and were registered sex offenders.
The state argued the plaintiffs didn’t have a constitutionally protected right to privacy after being convicted of engaging in sex acts for money.
Gov. Bobby Jindal originally was named as a defendant in the suit, but the claims against him were dismissed last year.
Obscenity — Louisiana
March 28, 2012
NEW ORLEANS SEX CRIMES DEFENSE ATTORNEY
By: Elizabeth B. Carpenter, Esq. — New Orleans Criminal Lawyer
If you or a loved one is facing an Obscenity charge, you must contact a criminal defense attorney for a consultation. Early intervention by an experienced Sex Offender Defense Attorney can make a tremendous difference in your case. The Elizabeth B. Carpenter, Esq. is dedicated to the defense of those accused of Sex Crimes in Louisiana. We are here to defend you, not judge you.
Whoever is convicted of Obscenity Through Solicitation of a Minor will have to Register as a Sex Offender for 15 years — To be conducted annually…
Obscenity — La RS 14:106
The crime of obscenity is the intentional:
(1) Exposure of the genitals, pubic hair, anus, vulva, or female breast nipples in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive.
(2) Participation or engagement in, or management, operation, production, presentation, performance, promotion, exhibition, advertisement, sponsorship, electronic communication, or display of, hard core sexual conduct when the trier of fact determines that the average person applying contemporary community standards would find that the conduct, taken as a whole, appeals to the prurient interest; and the hard core sexual conduct, as specifically defined herein, is presented in a patently offensive way; and the conduct taken as a whole lacks serious literary, artistic, political, or scientific value.
Hard core sexual conduct is the public portrayal, for its own sake, and for ensuing commercial gain of:
(i) Ultimate sexual acts, normal or perverted, actual, simulated, or animated, whether between human beings, animals, or an animal and a human being; or
(ii) Masturbation, excretory functions or lewd exhibition, actual, simulated, or animated, of the genitals, pubic hair, anus, vulva, or female breast nipples; or
(iii) Sadomasochistic abuse, meaning actual, simulated or animated, flagellation, or torture by or upon a person who is nude or clad in undergarments or in a costume that reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or in the condition of being fettered, bound, or otherwise physically restrained, on the part of one so clothed; or
(iv) Actual, simulated, or animated touching, caressing, or fondling of, or other similar physical contact with a pubic area, anus, female breast nipple, covered or exposed, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of apparent sexual stimulation or gratification; or
(v) Actual, simulated, or animated stimulation of a human genital organ by any device whether or not the device is designed, manufactured, or marketed for such purpose.
(3) Sale, allocation, consignment, distribution, dissemination, advertisement, exhibition, electronic communication, or display of obscene material, or the preparation, manufacture, publication, electronic communication, or printing of obscene material for sale, allocation, consignment, distribution, advertisement, exhibition, electronic communication, or display.
Obscene material is any tangible work or thing which the trier of fact determines that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest, and which depicts or describes in a patently offensive way, hard core sexual conduct specifically defined in Paragraph (2) of this Subsection, and the work or thing taken as a whole lacks serious literary, artistic, political, or scientific value.
Requiring as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication to a purchaser or consignee that such purchaser or consignee also receive or accept any obscene material for resale, distribution, display, advertisement, electronic communication, or exhibition purposes; or, denying or threatening to deny a franchise to, or imposing a penalty, on or against, a person by reason of his refusal to accept, or his return of, such obscene material.
Solicitation or enticement of an unmarried person under the age of 17 years (a minor) to commit any act prohibited above. – Requires Sex Offender Registration.
Advertisement, exhibition, electronic communication, or display of sexually violent material. ”Violent material” is any tangible work or thing which the trier of facts determines depicts actual or simulated patently offensive acts of violence, including but not limited to, acts depicting sadistic conduct, whippings, beatings, torture, and mutilation of the human body.
No person, knowing the content of an advertisement to be sexually explicit as defined in this Paragraph shall transmit or cause to be transmitted an unsolicited advertisement in an electronic communication to one or more persons within this state that contains sexually explicit materials without including in the advertisement the term “ADV-ADULT” at the beginning of the subject line of the advertisement. A “subject line” is the area of an electronic communication that contains a summary description of the content of the message.
Lack of knowledge of age or marital status shall not constitute a defense for OBSCENITY BY SOLICITATION OF A MINOR.
*** If any employee of a theatre or bookstore acting in the course or scope of his employment, is arrested for an offense designated in this Section, the employer shall reimburse the employee for all attorney’s fees and other costs of defense of such employee. Such fees and expenses may be fixed by the court exercising criminal jurisdiction after contradictory hearing or by ordinary civil process.
*** The provisions of this Section do not apply to recognized and established schools, churches, museums, medical clinics, hospitals, physicians, public libraries, governmental agencies, quasi-governmental sponsored organizations and persons acting in their capacity as employees or agents of such organizations, or a person solely employed to operate a movie projector in a duly licensed theatre.
Hearing Requirement
Except for those motion pictures, printed materials, electronic communication and photographic materials showing actual ultimate sexual acts or simulated or animated ultimate sexual acts when there is an explicit, close-up depiction of human genital organs so as to give the appearance of the consummation of ultimate sexual acts, no person, firm, or corporation shall be arrested, charged, or indicted for any violations of a provision of this Section until such time as the material involved has first been the subject of an adversarial hearing under the provisions of this Section, wherein such person, firm, or corporation is made a defendant and, after such material is declared by the court to be obscene, such person, firm, or corporation continues to engage in the conduct prohibited by this Section. The sole issue at the hearing shall be whether the material is obscene.
The hearing shall be held before the district court having jurisdiction over the proceedings within 72 hours after receipt of notice by the person, firm, or corporation. The person, firm, or corporation shall be given notice of the hearing by registered mail or by personal service on the owner, manager, or other person having a financial interest in the material; provided, if there is no such person on the premises, then notice may be given by personal service on any employee of the person, firm, or corporation on such premises. The notice shall state the nature of the violation, the date, place, and time of the hearing, and the right to present and cross-examine witnesses.
The state or any defendant may appeal from a judgment. Such appeal shall not stay the judgment. Any defendant engaging in conduct prohibited by this Section subsequent to notice of the judgment, finding the material to be obscene, shall be subject to criminal prosecution notwithstanding the appeal from the judgment.
No determination by the district court pursuant to this Section shall be of any force and effect outside the judicial district in which made and no such determination shall be res judicata in any proceeding in any other judicial district. In addition, evidence of any hearing held pursuant to this Section shall not be competent or admissible in any criminal action for the violation of any other Section of this Title; provided, however, that in any criminal action, charging the violation of any other Section of this Title, against any person, firm, or corporation that was a defendant in such hearing, involving the same material declared to be obscene under the provisions of this Section, then evidence of such hearing shall be competent and admissible as bearing on the issue of scienter only.
PENALTIES
On a first conviction, whoever commits the crime of obscenity shall be fined not less than $1,000 dollars nor more than $2,500 dollars, or imprisoned, with or without hard labor, for not less than 6 months nor more than 3 years, or both.
On a second conviction, the offender shall be imprisoned, with or without hard labor for not less than 6 months nor more than 3 years, and in addition may be fined not less than $2,500 dollars nor more than $5,000 dollars.
On a third or subsequent conviction, the offender shall be imprisoned with or without hard labor for not less than 2 years nor more than 5 years, and in addition may be fined not less than $5,000 dollars nor more than $10,000 dollars.
When a violation is with or in the presence of an unmarried person under the age of 17 years, the offender shall be fined not more than $10,000 dollars and shall be imprisoned, with or without hard labor, for not less than 2 years nor more than 5 years, without benefit of parole, probation, or suspension of sentence.
When a corporation is charged with violating this Section, the corporation, the president, the vice president, the secretary, and the treasurer may all be named as defendants. Upon conviction for a violation of this Section, a corporation shall be sentenced. All corporate officers who are named as defendants shall be subject to the penalty provisions.
