30 results for 'cat:"Sex Offender" AND cat:"Child Pornography"'.
J. Oxley finds that defendant was properly convicted of child exploitation for recording his wife's 15-year-old sister using the bathroom without her knowledge because the act met the statutory definition of a “prohibited sexual act” by consisting of “[n]udity of a minor for the purpose of arousing or satisfying the sexual desires of a person who may view a visual depiction of the nude minor.” Affirmed.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: April 19, 2024, Case #: 23-0600, Categories: sex Offender, child Pornography
J. Westbrook finds the trial court properly convicted defendant for sexual assault upon a minor under 14 and use of the minor in pornography based on sufficient evidence. Though defendant contends the court improperly instructed the jury that a mistake as to the victim's age is not a defense to a charge of using a minor in pornography, the state is not required to prove the defendant "knowingly" used her. Because defendant admitted he believed the minor was 16 years old during their sexual relationship, the instructional error was harmless. Affirmed.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: April 4, 2024, Case #: 85868-COA, Categories: sex Offender, child Pornography, Jury Instructions
J. Bell finds the trial court improperly convicted defendant for possession of a visual depiction of sexual conduct of a person under 16. The court wrongly denied defendant's motion to suppress cell phone evidence. The warrant did not cover the search of defendant's person, and exigent circumstances did not justify the forensic search of the cell phone. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 28, 2024, Case #: 86156, Categories: Search, sex Offender, child Pornography
J. Mundy finds that the superior court properly found that there was evidence to support an adjudication of delinquency in this suit wherein one 12-year-old convinced another with an intellectual disability to lift up her shirt and expose her bra while on camera and posted the video on social media. The crime of transmission of sexually explicit images by a minor does not require exposure of the nipple in order to meet the definition of nudity; nudity is established where any area below the top of the nipple is visible. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Mundy, Filed On: March 21, 2024, Case #: J-68-2023, Categories: sex Offender, Child Victims, child Pornography
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J. Vigil finds the appeals court erroneously vacated defendant's child pornography convictions because the state provided sufficient evidence to prove the mens rea of each crime, including the production of child pornography. Although defendant argued none of the videos stored on his hard drive and shared on a peer-to-peer network included file names to suggest they involved individuals under the age of 18, evidence indicated the videos remained on the hard drive after they were viewed, despite defendant's claim he would delete any child pornography as soon as he discovered it, while the use of an anti-forensic program thousands of times to delete certain files also indicated defendant was aware he downloaded illegal materials. Affirmed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: March 4, 2024, Case #: S-1-SC-38300, Categories: Evidence, sex Offender, child Pornography
J. Larsen finds the trial court properly denied defendant's motion to suppress during his sexual exploitation of a minor and child pornography case. Although the affidavit submitted by law enforcement for a search warrant included a misstatement about defendant operating a peer-to-peer network to host child pornography, the error was caused by a police officer using a template for the warrant and forgetting to delete certain information, a mistake that does not qualify as reckless behavior. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: February 29, 2024, Case #: 22-3793, Categories: Search, sex Offender, child Pornography
J. Higginbotham finds the district court properly convicted defendant for producing child pornography. Law enforcement learned that internet addresses associated with a church uploaded child pornography images to a website. A warranted search of the church yielded a hard drive with videos of children taking baths in the church's offices. Certain videos captured defendant working with the pastor to set up the porn shoots. The court properly denied defendant's motion to suppress statements made to investigators where he admitted to setting up the shoots, or in excluding a psychologist's testimony that defendant shows no signs of pedophilia. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: February 23, 2024, Case #: 23-40144, Categories: sex Offender, child Pornography, Jury Instructions
J. Thacker finds the lower court properly read instructions to the jury. The sex offender argued that he did not need to register himself as a sex offender in West Virginia after traveling from Virginia because he was living at campsites rather than a permanent residence. A sex offender habitually lives in the relevant sense in any place in which the sex offender lives for at least 30 days. The sex offender stayed at the campsite he was arrested at for touching a minor for a little over two months. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: February 21, 2024, Case #: 22-4595, Categories: sex Offender, Child Victims, child Pornography
J. Quattlebaum finds the lower court properly dismissed the sexually dangerous person's petition. He was civilly committed as a sexually dangerous person after completing his sentence for child pornography charges. While civilly committed, he was convicted of and sentenced for two separate federal crimes and served prison terms for those sentences. His civil commitment continued following those criminal sentences as it should have because he was never declared not a sexually dangerous person. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: February 14, 2024, Case #: 22-6338, Categories: sex Offender, Commitment, child Pornography
J. McKeig affirms the district court's order requiring that the defendant, convicted for three offenses related to child pornography he produced of an ex-girlfriend's daughter, pay restitution to the child's mother. The family members of a minor victim of a crime may receive restitution, and the child's mother adequately showed that she suffered monetary and psychological damage as a result of the defendant's crimes. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: January 10, 2024, Case #: A22-0793, Categories: sex Offender, Restitution, child Pornography
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for possession and distribution of child pornography. Defendant’s phone was searched by warrant after he gave inconsistent statements regarding his whereabouts during a trailer home fire that killed his girlfriend. The search warrant related to the murder investigation, which yielded the pornography, was not overbroad and the good-faith exception to the exclusionary rule applies. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 13, 2023, Case #: 22-51061, Categories: Search, sex Offender, child Pornography
J. Moore finds the county court properly denied defendant’s motion for postconviction relief without an evidentiary hearing from his no contest conviction for generation of child porn. The victim and multiple witnesses testified that defendant pulled the victim’s clothing away from her breasts and vagina while recording with a green cell phone in a public park. Defendant was arrested on a different warrant during a traffic stop and a warranted search was conducted on his green cell phone, revealing a recording of the assault. All evidence supports conviction and any motion to suppress would not have been successful. There is no obligation to engage in unneeded analysis and there was no error in denying defendant’s motion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: November 7, 2023, Case #: A-22-789, Categories: Evidence, sex Offender, child Pornography
Per curiam, the circuit finds that the trial court properly convicted defendant for transportation of a minor with intent to engage in criminal sexual activity and possession of child pornography involving a prepubescent minor, sentencing him to life imprisonment. Evidence was presented showing that defendant, a truck driver, paid the 9-year-old boy's mother to allow him to travel on out-of-state trips. The boy later told his father that defendant sexually abused him. The pornography was found on defendant's phone after his arrest. Although evidence indicated that defendant allowed others to use his phone at times, it belonged to him and was found in his hotel room. The boy testified that defendant showed him pornography on the phone, and there is no indication that expert knowledge was required to access the pornography. Defendant fails to show that the record is devoid of evidence that he knowingly possessed the pornography. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 21, 2023, Case #: 22-50276, Categories: sex Offender, Child Victims, child Pornography
J. Per curiam, the Fifth Circuit finds the trial court properly convicted defendant by plea agreement for the sexual abuse of his and his codefendant’s daughters, aged 4 and 6 respectively, and other crimes related to child pornography. All evidence, including forensic investigation and interviews, supports the conviction. All sentencing factors were thoroughly and correctly considered. The government has not met its burden of providing enough evidence to estimate the victim’s losses with reasonable certainty and the awards are vacated. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 21, 2023, Case #: 22-40516, Categories: sex Offender, Child Victims, child Pornography
J. Duncan finds the trial court properly convicted defendant by guilty plea for possessing child pornography, sentencing him to 168 years in prison and ordering $46,000 in restitution to victims. Upon a CyberTip, officers interviewed defendant, who admitted to regular viewing of child porn. He confessed his attraction to children and “babies,” and his cell phone contained over 2,000 images depicting child sexual abuse which included toddlers and babies. A recent Fifth Circuit opinion affirmed a restitution award relying on victim impact statements in ordering amounts requested by the victims. The amounts were a percentage of demonstrated losses. Defendant has shown no error in the court’s use of this guidance. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: August 10, 2023, Case #: 22-10227, Categories: sex Offender, Child Victims, child Pornography
J. Elrod finds the district court did not err in applying a sentencing enhancement for defendant’s prior offense of “lustful touching of a child” upon his guilty plea conviction for production of child pornography. The conduct meets all standards for criminality under the relevant statute, including those for contact, abuse and being for the purpose of sexual arousal. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: August 9, 2023, Case #: 22-60431, Categories: sex Offender, Child Victims, child Pornography
J. Ripple finds that the lower court properly convicted defendant of possession and attempted production of child pornography. The jury was properly instructed to consider defendant's motive in creating the images of nude minors, which showed the girls' bodies but not engaged in any "lascivious" conduct. Further, the evidence was sufficient to convict him beyond a reasonable doubt. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: August 4, 2023, Case #: 21-2489, Categories: Jury, sex Offender, child Pornography
Per curiam, the Fifth Circuit finds the trial court properly convicted a U.S. Army soldier for possession of child pornography after agents found an illicit image on his cellphone during an investigation into his alleged sexual assault of another soldier and recording it on his cellphone. All evidence supports that agents had probable cause to believe the cellphone contained videos, images and conversation related to the alleged sexual assault. The authorization constrained the search to only content related to the incident and was not overly broad. Suppression of the child pornography evidence was not warranted. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 1, 2023, Case #: 21-51229, Categories: Evidence, sex Offender, child Pornography
J. Elrod finds the district court improperly granted defendant’s request to terminate his obligation to register as a sex offender as to his convictions for the distribution and possession of child pornography. After his release from prison, defendant has completed treatment and maintained a clean record, also complying with registration for the last 13 years. The district court gave no explanation for its order, and because defendant was convicted for distribution, he is statutorily required to maintain registration for 25 years. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: July 11, 2023, Case #: 22-20238, Categories: Sentencing, sex Offender, child Pornography
J. Gobeil finds that the trial court properly convicted defendant of sexual exploitation of children. Statements made by defendant, a member of the U.S. Army, to the detective while defendant was being questioned in the presence of his commanding officer were voluntary. The commander and an agent left the commander's office while the interview between defendant and the detective occurred. Defendant said he knew he was not under arrest and was able to leave the office voluntarily with the detective. Any error the trial court committed in charging the jury was unlikely to affect the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: June 30, 2023, Case #: A23A0037, Categories: sex Offender, child Pornography, Jury Instructions
J. Wells agrees with the lower court's ruling that evidence was adequate to convict a former daycare worker with eight counts of sexual abuse of a minor, regardless of the specific definition of the phrase "lascivious exhibition of the genitals" that the state employs. Also, the prosecution's questioning of the female worker's sexual orientation was used to establish possible motive for taking pictures of only girls' genitals at the daycare center, not to bias the jury against her. The worker, who is 18 years old and tried as an adult, received a sentence of 280 years of incarceration with all but 126 years suspended. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wells, Filed On: June 28, 2023, Case #: C-22-CR-21-000263, Categories: Sentencing, sex Offender, child Pornography
J. Niemeyer finds the lower court properly applied a sentence enhancement to defendant's sentence for possession of child pornography due to his prior qualifying sex offense. The defendant signed a plea agreement that waived his right to appeal any issue relating to his conviction, as well as any issue relating to his sentence. Affirmed.
Court: 4th Circuit, Judge: Niemeyer , Filed On: June 14, 2023, Case #: 21-4322, Categories: Sentencing, sex Offender, child Pornography
J. Dillard finds that the trial court properly convicted defendant of sexual exploitation of children and correctly denied defendant's motion to suppress evidence found on his computer. Officers had more than a reasonable suspicion to believe that defendant possessed child pornography because defendant, who was on probation for child molestation offenses, admitted that child pornography would be found on his computer if it was searched. The trial court did not commit any error in denying defendant's motion for a mistrial after the state asked him about his relationship with his adult daughter. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 31, 2023, Case #: A23A0316, Categories: sex Offender, child Pornography
J. Kirsch finds that the lower court properly convicted defendant of sexually exploiting four girls, including her two daughters, and producing explicit videos. Defendant received a below-guidelines sentence, and there is no support for her claim the sentencing judge intended to punish her for being a "bad mother." Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 30, 2023, Case #: 22-1835, Categories: sex Offender, Child Victims, child Pornography