Posts Tagged ‘New Orleans Sex Crimes Attorney’

Court Says Child Porn Victims Can Get Restitution — New Orleans Child Pornography Attorney

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, contact attorney Elizabeth B. Carpenter 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.

 

Questions About Human Trafficking In Louisiana

 

Questions About Human Trafficking and Sex Trafficking Louisiana

 

 

What is Human Trafficking?

 

The statute for Human Trafficking in Louisiana may be found at La.R.S. 14:46.2.

Contrary to popular belief, under Louisiana law, Human Trafficking is not defined as sex slavery or forced prostitution.  It seems as if, that is how human trafficking is always portrayed in the movies.  In the most basic terms human trafficking in Louisiana is when a person knowingly recruited, harbored, transported, solicited or maintained another person through fraud, deceit or force to provide labor. This also includes people who knowingly benefit and facilitate the trafficking of another person for labor.  The facilitation of human trafficking includes, but is not limited to, aiding, abetting and conspiring to traffick another person.  A person may be found guilty of human trafficking even if they received  nothing of value for such activities.

Note:  The key word in this statute in “knowingly.”  The state has be burden of proving that the defendant knew that Human Trafficking was occurring.

 

What is Trafficking of Children for Sexual Purposes?

 

The statute for Sex Trafficking of Children may be found at La.R.S. 14:46.3.

Sex trafficking of children is to knowingly recruit, transport, sell, purchase or maintain anyone under the age of 18 years of age for the purpose of engaging commercial sexual activity.  Anyone who advertises, benefits or facilitates such activity in any manner may also be guilty of sex trafficking of children.  It is further illegal under this statute for any parent or legal guardian of a person under the age of 18 years to knowingly permit or consent to the minor’s engagement in commercial sexual activity.

Note:

Consent of the minor shall not be a defense to a prosecution and lack of knowledge of the victim’s age shall not be a defense to a prosecution.

 

What are the penalties for these offenses?

 

Anyone who is convicted of Human Trafficking under La R.S. 14:46.2(B)(2) and Human Trafficking of Children under La R.S. 14:46.2(B)(3) shall register as a Sex Offender for 25 years, to be conducted semi-annually.

Anyone who is convicted of Trafficking of Children for Sex under La R.S. 14.46.3 (under age 14) shall register as a Sex Offender for life, to be conducted quarterly.

 

Whoever commits the crime of human trafficking when the services include commercial sexual activity or any sexual conduct constituting a crime under the laws of this state shall be fined not more than $15,000 and shall be imprisoned at hard labor for not more than 20 years.

 

Whoever commits the crime of human trafficking when the trafficking involves a person under the age of 18 shall be fined not more than $25,000 and shall be imprisoned at hard labor for 5 to 25 years, 5 years of which shall be without the benefit of parole, probation, or suspension of sentence.

 

Whoever violates this statute when the victim is under the age of 14 years shall be fined not more than $27,000 and imprisoned at hard labor for 25 to 50 years.  At least 25 years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.

 

The penalties call for a fine of up to $50,000, 15 to 50 years in jail or both. If the victim is under 14, the penalties are a maximum fine of $75,000 and a jail sentence of 25 to 50 years. 

Human Trafficking is considered a Crime of Violence in Louisiana.

 

What else should I know if I have been arrested for human trafficking in New Orleans? 

 

The law provides that any personal property used in the commission of the trafficking may be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney.  This includes any computers, vehicles, cell phones, etc…

 

What about legal representation?

 

 This type of crime is aggressively investigated and prosecuted by the district attorney’s office, and the choice of attorney will be one of the most important decisions to make. Attorney Elizabeth B. Carpenter is dedicated to providing her clients with a high level of guidance and legal advocacy they deserve. Her top priority is to create the strongest defense possible and help her clients avoid or minimize the penalties associated with human trafficking charges.

 

To confidentially discuss your legal situation and find out how our firm can defend you against your charges, contact a New Orleans Human Trafficking Attorney now.