File sharing permits the public or private sharing of computer data in a network that allows multiple people to read, view, modify, copy, print, or write in the same file. Child pornographers frequently utilize file sharing to share and receive…
Category: Sex Crimes
2014
Category: Federal Criminal Law | Sex Crimes
In recent years people who were victimized as children by child pornography have turned to the Violence Against Women Act of 1994 (“VAWA”), codified in 18 U.S.C. § 2259, to apply for and receive restitution from defendants convicted of possessing…
2014
Category: Federal Criminal Law | Sex Crimes
The road of Hades is sometimes paved with good intentions. This is so with the case of Luis A. Montalvo-Cruz (“Cruz”) whose appeal to the First Circuit Court of Appeals was decided on March 17, 2014. Through a guilty plea,…
2014
Category: Federal Criminal Law | Sex Crimes
The Texas Court of Criminal Appeals (TexCrimApp) this past October upset district attorneys and “tough on crime” legislators throughout the state when it declared a key provision of the state’s “Online Solicitation of a Minor” statute unconstitutional. Texas Penal Code…
2014
Category: Federal Criminal Law | Sex Crimes
On January 6, 2014, the First Circuit Court of Appeals in United States v. Breton narrowed the scope of the marital communications privilege.
The Federal case against Royce Breton, a Sanford , Maine resident, began in April 2010. Several…
2014
Category: Federal Criminal Law | Sex Crimes
The maze of Federal post-conviction habeas corpus can be a procedural nightmare as illustrated in a February 13, 2014 decision by the Ninth Circuit Court of Appeals in Vosgien v. United States.
In 2006, Kelly Vosgien entered a guilty…
2014
Category: Federal Criminal Law | Sex Crimes
The U.S. Justice Department has studied, and found, that a majority of the nation’s incarcerated offenders have experienced some type of physical or sexual abuse and/or neglect. This was certainly the case with Byron Neil Antone.
The now 41-year-old Antone…
2014
Category: Federal Criminal Law | Sex Crimes
Are Federal Sentencing Guideline Substantively Unreasonable in Child Pornography Cases?
In July 2011, Thomas King was indicted by a Federal grand jury in Maine for possessing a computer storing child pornography—a criminal violation under 18 U.S.C. § 2252A (a)…
2014
Category: Federal Criminal Law | Sex Crimes
Dylan Farrow’s “open letter” accusations of sexual abuse against Woody Allen in the February 1 edition of the New York Times awakened the proverbial sleeping dog. As we said in a previous post, we don’t know who’s lying in this…
2014
Category: Sex Crimes
Deferred Adjudication is Conviction for Federal Sex Registration Purposes
Article 42.12, § 3d(a) of the Texas Code of Criminal Procedure provides: “When in its opinion the best interest of society, and the defendant will be served, the court may,…