9 results for 'cat:"Sex Offender" AND cat:"Child Victims" AND cat:"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
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
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
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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. 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