22 results for 'cat:"Child Victims" AND cat:"Child Pornography"'.
J. Gaziano declines to comply with the defendant’s request to create a new rule requiring magistrate judges to view lewd images found by law enforcement before issuing search warrants for alleged possession of child pornography. While it would have been preferable for the trooper who submitted the affidavit to have provided a more thorough description of the photos or attached them to the affidavit, the affidavit was still able to establish probable cause. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: May 9, 2024, Case #: SJC-13454, Categories: Search, child Victims, child Pornography
J. Erickson finds a lower court properly dismissed a defendant's motion for recusal and reassignment for a new judge. The defendant, who pleaded guilty to transportation of child pornography, argued that the judge forged an inappropriate relationship with his victims. However, the government sufficiently showed in court that the judge's interactions with his child victims was "solely professional." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 2, 2024, Case #: 23-1828, Categories: child Victims, 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. Motz finds the lower court properly sentenced the defendant for crimes related to his production and possession of child pornography. The defendant filmed multiple minor boys masturbating. The defendant argues web searches from his phone are irrelevant because they don't involve the victims of his child porn production. The web searches, including searches for "selfies boy masturbating," reveal his interest in depictions of minor boys masturbating, the same sort of conduct underlying the charged offenses. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: March 12, 2024, Case #: 22-4322, Categories: Evidence, 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
J. Kelly finds a lower court properly imposed restitution on a defendant who pleaded guilty to distributing child pornography. The defendant, who was sentenced to 151 month in prison and 20 years probation, argued that he was not obligated to pay restitution to 21 of his minor victims, who he sexually exploited, based on the government's alleged untimeliness. However, the government presented sufficient evidence in court that his plea agreement contained a condition of "new losses," which allows it to award belated restitution. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: January 25, 2024, Case #: 23-1627, Categories: Restitution, child Victims, child Pornography
J. Kelly finds a lower court properly sentenced a defendant to 20 years in prison after he pleaded guilty to two counts of production and attempted production of child pornography, and one count of enticement of a minor. The defendant, who sexually abused and groomed two minors to produce child pornography, argued that the length of his sentence is above the statutory minimum of 15 years. However, the government sufficiently showed in court that he could have faced a lifetime in prison. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: January 22, 2024, Case #: 23-1602, Categories: Sentencing, child Victims, child Pornography
J. Warby finds a lower court improperly dismissed the home department's motion for deportation concerning a civilian's serious sex offenses against his infant daughter. The father argued that deportation is a violation of his human rights. However, the government sufficiently showed in court that he not only possessed 1,450 images of child pornography, but also sexually assaulted his infant daughter. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Warby, Filed On: January 19, 2024, Case #: CA-2023-687, Categories: Evidence, child Victims, child Pornography
J. Biles finds a lower court properly convicted a defendant for aggravated criminal sodomy of a minor female child, who is his stepdaughter. The defendant argued that his Internet search history did not reveal any sexual misconduct, his victim's testimony lacked specific details, and that the court's panel was right to deem his Internet history as irrelevant. However, the government sufficiently showed in court that his Internet searches were focused on underaged female children, who were forced into filming content under titles that included, "Sex At 9 years old," and "Step Dad started blowing me at age 5," which did not constitute undue prejudice. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 12, 2024, Case #: 124,054, Categories: Evidence, child Victims, child Pornography
J. Wise finds defendant's indictment on several charges of gross sexual imposition and pandering obscenity involving a minor included all language necessary to put him on notice of the charges and allowed him to prepare a sufficient defense, given that it included the specific event and timeframe of his criminal activity. Meanwhile, the video and photographic evidence obtained from both defendant's cell phone and the cameras in the victim's home is sufficient to convict him of the child pornography charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 11, 2023, Case #: 2023-Ohio-3704, Categories: Evidence, 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
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. Stras finds a lower court properly denied a disgraced reality television personality's motion for a new trial concerning two counts of possession of child pornography. The former television personality argued that he was entitled to a motion to suppress "incriminating statements" he made to law enforcement, in violation of his Miranda rights. However, the government presented sufficient evidence in court that he made incriminating statements about downloading child pornography outside of a formal interrogation, and that a reasonable person would have "believed he was in custody at the time the statements were made to police." Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: August 7, 2023, Case #: 22-2178, Categories: Evidence, child Victims, child Pornography
J. Moran finds the lower court properly sentenced the contractor. The contractor, who sexually abused a minor while in Japan working as a subcontractor for the Department of Veterans Affairs, signed a plea deal that bars him from challenging whether he falls outside the scope of the Military Extraterritorial Jurisdiction Act. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: June 21, 2023, Case #: 21-4411, Categories: child Victims, Extradition, child Pornography
J. Eklund finds that while defendant claimed he deleted child pornography from his phone as soon as it was sent to him through several WhatsApp messages, the jury was free to discredit this testimony and convict him because his story was contradicted by the testimony of the cell phone store employee who noticed the images when he transferred data between several phones. Meanwhile, the trial court properly admitted a computer-generated data report from defendant's cell phone that was not authenticated in court by a state witness because the report was non-testimonial in nature. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: June 12, 2023, Case #: 2023-Ohio-1945, Categories: Evidence, child Victims, child Pornography
J. Smith finds a lower court properly sentenced a former deputy sheriff to 300 months in prison after he was indicted on six counts of child pornography offenses. The former deputy sheriff argued that his sentence is unreasonable based on his age and health issues, and that he was remorseful for his actions, which included attempting to induce a minor to produce child pornography, enticement of a minor, and transferring obscenity to a person under 16. However, the government presented sufficient evidence in court that his actions were "among the most serious offenses" the court has seen, which does not entitle him to "getting a break." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 6, 2023, Case #: 22-1514, Categories: Evidence, 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