Posts Tagged ‘Child Pornography’

Court Holds Viewing Child Pornography Does Not Necessarily Indicate Possession

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.

Computer Crimes Involving Juveniles — Louisiana

New Orleans Sex Crime Defense Attorney 

 

If you or a loved one has been accused of a Sex Crime Involving a Juvenile, you should contact a Sex Crime Defense Attorney in Louisiana 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!

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

 Computer Crimes Involving Juveniles — Click the links below!

 
1.)  Computer-aided solicitation of a minor – La. R.S. 14:81.3 

2.)  Cyberbullying — La R.S. 14:40.7

3.)   Pornography Involving Juveniles — La R.S. 14:81.1

 

Contact Elizabeth B Carpenter Law — Attorney New Orleans

Who Looks at Child Pornography and Why? — Louisiana Sex Crimes Attorney

Child Pornography Sex Crime Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. — Attorney New Orleans

 

If you are facing a Sex Crime charge in Louisiana of Possession, Production, Distribution of Child Porn, 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.  New Orleans Child Pornography Defense Attorney Elizabeth B. Carpenter, Esq. is here to defend you and to protect your freedom.  Contact us to schedule a consultation.

 

Serving Orleans, Jefferson, St. Tammany, St. Charles, St. John, St. James, St. Bernard, Assumption, Terrebonne and Tangipahoa Parishes!

 

Who’s looking at child porn now (and

why)?

Working in the Pentagon doesn’t exempt you from sex addiction.
Published on September 6, 2010 by Samantha Smithstein, Psy.D.

 

On Friday, more news broke regarding the child pornography scandal at the Pentagon that surfaced this summer. In July, it was discovered that more than 250 civilian and military employees of the Defense Department — including some with the highest available security clearance — used credit cards or PayPal to purchase images of children in sexual situations. This was out of the total 5,000 Americans that were discovered to be purchasing child pornography though the investigation.This Friday it was reported that only 52 of the suspects at the Pentagon were investigated and just 10 were charged with viewing or purchasing child pornography. The investigation evidently focused on individuals who had high security clearance and could be subject to blackmail.

In July, news reports focused mostly on the Pentagon, presumably because individuals who are a part of national security should be morally and legally held to a higher standard than the average citizen. Likewise, the news reports on Friday focused on the low numbers of people actually charged – the disappointment in all probability again because of this standard and that people in these roles in our government should not be able to get away with such behavior.

However, there is another story in all of this that deserves coverage as well: what about the 5,000 Americans that were all purchasing child pornography with their credit cards or through Paypal? In spite of ever-increasing sophisticated methods authorities have to track the images and track-down and arrest users, child pornography is a multi-billion dollar industry and among the fastest growing criminal segments on the Internet. The National Center for Missing and Exploited Children claims that around 20% of all pornography contains children, and the US Department of Justice estimates that pornographers have recorded the abuse of more than one million children in the United States alone.

Obviously, there is a story here about the children being sexually abused and record of their abuse being distributed and sold to millions of viewers. That story is horrible in and of itself. But the other story is of the viewers and purchasers of these images.

To be sure, some percentages of those individuals viewing the images are pedophiles – individuals who suffer from a sexual disorder that makes them attracted to prepubescent children. And some of those individuals will also sexually abuse children during the course of their life. Nevertheless, a great number of the individuals viewing child pornography are not in this category. These individuals are often engaged in compulsive sexual behavior or “sex addiction,” viewing pornography for hours at a time, searching for more and more intense images in order to get the same addictive rush. They stumble upon child pornography and are often horrified when they see it for the first time. But then there is something so taboo and so charged about it that they find themselves returning for the “high”… even when the thought of children being sexually abused makes their skin crawl and they feel sickened by it when they think about what they are looking at.

There is something about the Internet and it’s illusion of privacy and, even more importantly, is illusion of it being “unreal” that makes it the perfect venue for people to end up doing things that they would never consider doing otherwise - be it having affairs, gambling, shopping, exposing their genitals, or looking at child pornography. Even for people working at the Pentagon.

Possession, Distribution Child Pornography — Louisiana Law

 

Child Pornography Attorney New Orleans

 

If you have been accused of  Possession or Distribution of Pornography Involving Juveniles, it is imperative that you seek counsel from an experienced Internet Crimes Attorney.  We have defended dozens of  cases involving allegations of Possession of Child Pornography.  Ms. Carpenter is often called to speak about child pornography defense at seminars across Louisiana.  Our firm has the experience necessary to effectuate skilled representation for those facing Child Pornography allegations.

 

 

Anyone convicted of Possession, Production, Distribution of Child Pornography shall Register as a Sex Offender for 25 years, to be conducted semi-annually.

Any personal property used in the commission of the offense shall be seized and impounded, after conviction, sold at public sale or public auction by the district attorney.  This includes computer, cameras, vehicle, cell phones, etc…

 

 

 Pornography Involving Juveniles — La R.S. 14:81.1

 

It shall be unlawful for a person to produce, distribute, possess, or possess with the intent to distribute pornography involving juveniles.

It shall also be a violation for a parent, legal guardian, or custodian of a child to consent to the participation of the child in pornography involving juveniles.

Possession of 3 or more of the same photographs, images, films, videotapes, or other visual reproductions shall be prima facie evidence of intent to sell or distribute.

Possession of 3 or more photographs, images, films, videotapes, or other visual reproductions and possession of any type of file sharing technology or software shall be prima facie evidence of intent to sell or distribute.

Lack of knowledge of the juvenile’s age shall not be a defense.

 

Penalties

Whoever intentionally possesses pornography involving juveniles shall be fined up to $50,000 and shall be imprisoned at hard labor for 5 to 20 years without benefit of parole, probation, or suspension of sentence.

Whoever distributes or possesses with the intent to distribute pornography involving juveniles shall be fined not more than $50,000 and shall be imprisoned at hard labor for 5 to 20 years without benefit of parole, probation, or suspension of sentence.

Any parent, legal guardian, or custodian of a child who consents to the participation of the child in pornography involving juveniles shall be fined not more than $10,000 and be imprisoned at hard labor for 5 to 20 years , without benefit of probation, parole, or suspension of sentence.

Whoever engages in the production of pornography involving juveniles shall be fined not more than $15,000 and be imprisoned at hard labor for 10 to 25 years, without benefit of probation, parole, or suspension of sentence.

Whoever commits the crime of pornography involving juveniles when the victim is under 13 years old, and the offender is 17 years of age or older, shall be punished by imprisonment at hard labor for 25 to 99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.