Posts Tagged ‘Sex Crimes’
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.”
Sex Crimes Defense Attorney Louisiana
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.
Criminal Defense 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.”
Feldman 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.
NEW ORLEANS SEX CRIMES DEFENSE ATTORNEY
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. 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.
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.
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.
Louisiana Sex Crime Defense Attorney
If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Elizabeth B. Carpenter Law for a consultation.
Sexual Battery of the Infirm — La RS 14:93.1
Sexual battery of the infirm is the intentional engaging in any of the sexual acts listed below with another person, who is not the spouse of the offender, when:
(1) The offender compels the victim, who is physically incapable of preventing the act because of advanced age or physical infirmity, to submit by placing the victim in fear of receiving bodily harm.
(2) The victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by an intoxicating, narcotic, or anesthetic agent administered by or with the privity of the offender.
(3) The victim has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of the victim’s incapacity.
(4) The victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.
“Sexual acts” mean the following:
(1) The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or
(2) The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.
*** Normal medical treatment and normal sanitary care shall not be construed as an offense under the provisions of this Section.
*** Whoever commits the crime of sexual battery of the infirm shall be punished by imprisonment, with or without hard labor, for not more than 10 years.
Sex Crime Defense Attorney New Orleans
If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Elizabeth B. Carpenter Law for a consultation. Your freedom is important to us!
Unlawful Participation in a Child-Related Business — La RS 14:91.3
No person convicted of a sex offense as defined in R.S. 15:541, whose offense involved a person under the age of 13 years, shall own, operate, or in any way participate in the governance of those child care facilities or in family child day care homes.
Whoever violates the provisions of this Section shall be fined not more than 1,000 dollars, imprisoned with or without hard labor for not more than 1 year, or both.
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
Louisiana Sex Crime Computer Crime Defense Attorney
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.
Unauthorized Use of a Wireless Router
System; Pornography Involving Juveniles — La RS 14:73.8
Unauthorized use of a wireless router system is the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof via any wireless router system for the purposes of uploading, downloading, or selling of pornography involving juveniles as defined in R.S. 14:81.1.
Whoever commits the crime of unauthorized use of a wireless router system for the purpose of accessing pornography involving a juvenile shall be imprisoned at hard labor for not less than 2 years or more than 10 years, and fined not more than $10,000 dollars. Imprisonment shall be without benefit of parole, probation, or suspension of sentence.
Whoever commits the crime of unauthorized use of a wireless routing system for the purpose of accessing pornography involving a juvenile when the victim is under the age of 13 years and the offender is 17 years of age or older, shall be punished by imprisonment at hard labor for not less than 25 years nor more than 99 years. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Louisiana Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.
Abetting in Bigamy — La RS 14:77
Abetting in bigamy is the marriage of an unmarried person to the husband or wife of another, with knowledge of the fact that the party is married and without a reasonable and honest belief that such party is divorced or his marriage annulled, or that the party’s husband or wife is dead.
Whoever commits the crime of abetting in bigamy shall be fined not more than $1,000.00 thousand dollars, or imprisoned, with or without hard labor, for not more than 5 years, or both.
Elizabeth B. Carpenter, Esq. — Contact us to schedule a consultation today!