Internet Crimes Against Children: A Matrix and Summary of Major Federal and Select State Case Law

The author(s) shown below used Federal funds provided by the U.S.

Department of Justice and prepared the following final report:

Document Title: Internet Crimes Against Children: A Matrix and

Summary of Major Federal and Select State

Case Law

Author: Marieke Lewis, Patrick Miller, Alice R. Buchalter

Document No.: 228814

Date Received: November 2009

Award Number: 09-12-9699119-002

This report has not been published by the U.S. Department of Justice.

To provide better customer service, NCJRS has made this Federally-

funded grant final report available electronically in addition to

traditional paper copies.

Opinions or points of view expressed are those

of the author(s) and do not necessarily reflect

the official position or policies of the U.S.

Department of Justice.

INTERNET CRIMES AGAINST CHILDREN: A MATRIX

AND SUMMARY OF MAJOR FEDERAL AND SELECT

STATE CASE LAW

A Report Prepared by the Federal Research Division,

Library of Congress

under an Interagency Agreement with the

National Institute of Justice

October 2009

Researchers: Marieke Lewis

Patrick Miller

Project Manager: Alice R. Buchalter

Federal Resear

ch Division

Library of Congre

ss

Washing

ton, D.C. 20540

−

4840

Tel: 202–707–3900

Fax: 200–707–3920

E-Mail: frds@loc.gov

Homepage: http://www.loc.gov/rr/frd/

p 61 Years of Service to the Federal Government p

1948 – 2009

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

i

PREFACE

This report is the third in a series of reports prepared by the Federal Research Division

for the National Institute of Justice (NIJ) on Internet crimes against children. It provides, in chart

and narrative form, a summary of the findings of major cases on this topic that have been

adjudicated in federal and select state courts. The states selected—California, Connecticut,

Florida, Michigan, Missouri, New Hampshire, New Jersey, New York, North Carolina, and

Pennsylvania—were chosen, in consultation with NIJ, because they have enacted major

legislation. In a separate report prepared in July 2009—Internet Crimes Against Children: A

Matrix of Federal and Select State Laws—researchers identified and summarized the major

provisions of federal and select state laws that impose civil and criminal sanctions against

persons convicted of Internet-related crimes. Using the July 2009 study and searching the Lexis

database using key search terms and their derivatives, researchers linked the federal and state

laws with major federal and state court decisions to compile this report.

This report describes how the key statutory terms used to define child pornography,

including “visual depiction” and “identifiable minor,” have been interpreted by the courts both in

initial verdicts and in sentencing. The researchers also examined court decisions regarding the

use of electronic communications devices, including the Internet, computers, and cellular

phones, for purposes of soliciting children for sexual activity. The researchers also reviewed

recent trends in law enforcement tactics as they are used in collecting evidence, the efficacy of

appeals, and trends in sentencing. The report concludes with a comparison of state and federal

case outcomes.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

iii

TABLE OF CONTENTS

PREFACE...............................................................................................................................

......... i

INTRODUCTION ..........................................................................................................................

1

FEDERAL STATUTES AND CASES .......................................................................................... 1

Definitions................................................................................................................................. 1

Solicitation................................................................................................................................3

Child Pornography.................................................................................................................... 5

Harassment/Bullying................................................................................................................. 5

Trends ...............................................................................................................................

........ 5

STATE STATUTES AND CASES................................................................................................

8

Solicitation................................................................................................................................8

California............................................................................................................................ 8

Connecticut ......................................................................................................................... 8

Florida ................................................................................................................................9

Michigan............................................................................................................................. 9

Missouri ............................................................................................................................ 10

New Hampshire................................................................................................................. 11

New Jersey ........................................................................................................................ 12

New York........................................................................................................................... 12

North Carolina.................................................................................................................. 12

Pennsylvania..................................................................................................................... 13

Child Pornography.................................................................................................................. 13

California.......................................................................................................................... 13

Connecticut ....................................................................................................................... 16

Florida .............................................................................................................................. 16

Missouri ............................................................................................................................

17

New Hampshire.................................................................................................................

17

New Jersey ........................................................................................................................

18

New York........................................................................................................................... 18

North Carolina..................................................................................................................

19

Pennsylvania..................................................................................................................... 20

Harassment and Bullying........................................................................................................

20

California.......................................................................................................................... 20

Connecticut ....................................................................................................................... 20

Michigan...........................................................................................................................

21

Missouri ............................................................................................................................ 21

New Hampshire................................................................................................................. 21

New Jersey ........................................................................................................................

22

New York...........................................................................................................................

22

North Carolina.................................................................................................................. 22

Pennsylvania.....................................................................................................................

22

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

iv

Trends ..................................................................................................................................... 22

COMPARING FEDERAL TO STATE........................................................................................ 24

CONCLUSION............................................................................................................................. 25

FEDERAL CASES....................................................................................................................... 27

STATE CASES........................................................................................................................... 169

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

1

INTRODUCTION

In an effort to determine how federal and state statutes imposing civil and criminal

penalties for Internet crimes against children have been interpreted by the courts, and how

effectively they have been enforced, this study analyzes federal and state case law adjudicated

pursuant to these statutes. Relevant laws and cases have been grouped into several sub-topics:

solicitation, child pornography, and harassment and bullying.

Researchers initially identified relevant federal and state statutes and linked these statutes

to federal and state cases using key search terms and their derivatives. The search terms that are

used include: bullying, cell phone, child pornography, computer, harassment, Internet, Internet

Service Provider (ISP), luring, minor, obscenity, and solicitation. The researchers searched cases

involving electronic communication devices such as the Internet, computers, and cellular phones

because these devices can send and receive electronic content, including text, images, and video.

FEDERAL STATUTES AND CASES

Definitions

18 U.S.C. § 2256: Definitions for Chapter 110 — Sexual exploitation and other abuse of children

(Sections 2251–2260A)

According to 18 U.S.C. § 2256 (8), “child pornography” is defined as “any visual

depiction, including any photograph, film, video, picture, or computer or computer-generated

image or picture, whether made or produced by electronic, mechanical, or other means, of

sexually explicit conduct, where (A) the production of such visual depiction involves the use of a

m

inor engaging in sexually explicit conduct; (B) such visual depiction is a digital image,

computer image, or computer-generated image that is, or is indistinguishable from, that of a

minor engaging in sexually explicit conduct; or (C) such visual depiction has been created,

adapted, or modified to appear that an identifiable minor is engaging in sexually explicit

conduct.” 18 U.S.C. § 2256 (5) defines “visual depiction” to include “undeveloped film and

videotape, and data stored on com

puter disk or by electronic means which is capable of

conversion into a visual image.” 18 U.S.C. § 2256 (9) (A) defines an “identifiable minor” as “a

person who was a minor at the time the visual depiction was created, adapted, or modified; or

whose image as a minor was used in creating, adapting, or modifying the visual depiction; and

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

2

who is recognizable as an actual person by the person’s face, likeness, or other distinguishing

characteristic, such as a unique birthmark or other recognizable feature.” This definition “shall

not be construed to require proof of the actual identity of the identifiable minor.” (18 U.S.C. §

2256 (9) (B)). 18 U.S.C. § 2256 (1) defines a “minor” as “any person under the age of eighteen

years.”

The current statutory definition of “child pornography” amends the terms used to define

“visual depiction” that were previously stipulated in the Child Pornography Prevention Act of

1996 (CPPA), Pub.L.No. 104-208, 110 Stat 3009, 3009-26. Under the CPPA (18 U.S.C. §

2256(8) (B)), a visual depiction that “is, or appears to be, of a minor engaging in sexually

explicit conduct” qualifies as child pornography. Also under the CPPA, 18 U.S.C. § 2256 (8) (D)

stipulates that child pornography is any visual depiction that “is advertised, promoted, presented,

described, or distributed in such a manner that conveys the impression that the material is or

contains a visual depiction of a minor engaging in sexually explicit conduct.”

In 2002 the U.S. Supreme Court, in Ashcroft v. Free Speech Coalition (535 U.S. 234),

ruled that U.S.C. § 2256 (8)(B) effectively banned a range of sexually explicit images known as

“virtual child pornography” that appear to depict minors but are actually produced without using

any children. The Court, affirming the Ninth Circuit opinion, also found that Section 2256 (8)

(B) of the code was overbroad in that it banned material that would not be prohibited under

Miller v. California, 413 U.S. 15, the 1973 U.S. Supreme Court decision that defines prohibited

pornography. Following the Ashcroft decision, legislation—the Prosecutorial Remedies and

Other Tools to End the Exploitation of Children Today Act of 2003, Pub.L.No. 108-21, 117 Stat

650—was enacted to strike the text of U.S.C. § 2256 (8) (D) in its entirety. The 2003 law also

amended the definition of “visual depiction” in U.S.C.§ 2256 (8)(B), dropping the phrase

“appears to be” and clarifying that under this section of the code, a visual depiction is “a digital

image, computer image, or computer-generated image that is, or is indistinguishable from, that of

a minor engaging in sexually conduct.”

Research found one case questioning the constitutionality of 18 U.S.C. § 2256. In U.S. v.

John Hotaling, 1:07-CR-580, 599 F. Supp. 2d 306 (2008), the defendant claimed his right to free

speech was violated when the court ruled that morphed pictures (pictures of actual minors placed

on bodies of individuals engaged in sexual activity) were illegal. The court determined that even

if no child actually engaged in the sexually explicit conduct, the possession of morphed images

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

3

of child pornography is illegal. As the result of “morphing” a picture, the defendant created a

sexually explicit image using an innocent image of a child.

Solicitation

18 U.S.C. § 1470: Transfer of obscene material to minors

According to 18 U.S.C. § 1470, using the mail or any means of interstate or foreign

commerce to knowingly transfer obscene material to an individual under the age of 16 is

punishable by not more than 10 years of imprisonment and a fine, or both.

A review of federal appeals cases found three statutory challenges to convictions or

indictments under this section of the code. All three appeals reviewed were argued on the

grounds that communication with an undercover law enforcement officer portraying a minor was

not a violation of the law because there was no actual minor involved. All three judgments were

affirmed. In each case, the courts decided that although there was no actual minor victim, the

defendant intended to entice a minor and therefore violated the statute.

18 U.S.C. § 2422: Coercion and enticement

According to 18 U.S.C. § 2422 (b), knowingly using the mail or any means of interstate

or foreign commerce to persuade, induce, entice, or coerce someone who has not attained the age

of 18 years for an illegal sexual activity is punishable by fine and imprisonment of not less than

10 years or for life.

Research identified 21 appeals cases reviewed under this section of the code. Defendants

appealed in 19 of the cases, and the government appealed in the other two. The conviction or

guilty plea was upheld in every appeal brought by a defendant. In the two government appeals,

the government convinced the court to reverse lower court decisions that had favored the

defendants. Five of the appeals, including one government appeal, were argued on the grounds

that an actual minor, not an undercover law enforcement officer portraying a minor, was

necessary for a conviction under the statute. The court held that 18 U.S.C. § 2422 did not require

that the intended victim be an actual minor as long as the defendant believed he was

communicating with a minor. The U.S. Court of Appeals for the Eleventh Circuit reviewed eight

of 21 of these appeals. No other circuit court reviewed as many appeals. In 14 of the 21 cases,

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

4

defendants were apprehended as a result of evidence gained by law enforcement officers

portraying minors in Internet chat rooms, instant messaging, or email.

Although freedom of speech generally is still protected, speech to a minor, or someone

believed to be a minor, that is intended to entice or seduce is not protected. Using instant

messaging, email, text messages, or chatting in chat rooms to entice a minor, or someone

believed to be a minor, constitutes substantial steps toward commission of a crime. In U.S. v.

Helder the court noted that the Internet is a facility of interstate commerce.

1

18 U.S.C. § 2257: Record-keeping requirements

According to 18 U.S.C. § 2257, after November 1, 1990, anyone producing books,

magazines, film, videotape, digital images, or digitally or computer-manipulated images

containing one or more visual depictions of actual human beings engaged in sexually explicit

conduct is required to keep records of performers’ names and dates of birth. Producing is defined

as the actual filming or creating of a digital image or computer-manipulated image of an actual

human being. The penalty for violating 18 U.S.C. § 2257 is imprisonment for not more than five

years and a fine, or both. Repeat offenders may be imprisoned at least two years but not more

than 10 years and fined, or both.

Two appeals under this section of the code successfully challenged the statute’s

requirements. In one case, distributors successfully argued that they did not create the content in

question and should not be required to keep performers’ names and age information. In a similar

case, the court enjoined the attorney general from enforcing the statute and regulations against

the distributor, producer, and association members to the extent they did not have direct contact

with performers. In two other appeals, the courts affirmed the sentences imposed.

1

United States of America, Appellant, v. Jan P. Helder, Jr., Appellee, No. 05-3387, U.S. Court of Appeals for the

Eighth Circuit.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

5

Child Pornography

18 U.S.C. § 2251: Sexual exploitation of children

18 U.S.C. § 2252: Certain activities relating to material involving the sexual exploitation of

minors

18 U.S.C. § 2251 and § 2252 address crimes concerning child pornography and material

involving the sexual exploitation of minors. Violations of 18 U.S.C. § 2252 and § 2252A are

punishable by fine and prison terms of not less than five years and not more than 20 years, unless

upward or downward departures are deemed appropriate. The same penalty is applied for

violations of 18 U.S.C. § 2251, except that the base sentencing range is 15 to 30 years. Most

defendants convicted of violating these two statutes received sentences within these ranges. For

more information about sentencing, please see the “Trends” section below.

Harassment/Bullying

47 U.S.C. § 223: Obscene or harassing telephone calls in the District of Columbia or in

interstate or foreign communications

Knowingly using a telecommunications device in interstate or foreign communications to

transmit child pornography or obscene comments, images, or requests to someone known to be

under 18 years of age is illegal. In addition, using a telecommunications device with the intent to

annoy, threaten, or harass is illegal.

Research identified no cases at the federal level involving the use of the Internet to harass

or bully minors.

Trends

Law enforcement personnel have been successful in apprehending and prosecuting

persons who solicit minors via electronic communication. Appeals by defendants convicted of

solicitation in federal court have had limited success. Every appeal challenging 18 U.S.C. § 2422

affirmed judgment against the defendant or reversed a lower court ruling in favor of the

defendant.

Law enforcement officials can build a case against a predator and ask Internet service

providers (ISPs) to provide information under 42 U.S.C. § 13032—Reporting of child

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

6

pornography by electronic communication service providers. There were several cases in which

42 U.S.C. § 13032 was cited when evidence was introduced by ISPs to the National Center for

Missing and Exploited Children (NCMEC), which receives information from various ISPs via

NCMEC’s “cyber tip line.” NCMEC is a national clearing house that gathers information about

missing and sexually exploited children for use by law enforcement. Title 42 U.S.C. § 13032

states that if an ISP becomes aware of facts or circumstances of apparent child pornography, the

ISP must report those facts and circumstances to NCMEC’s cyber tip line “as soon as is

reasonably possible.”

Research reviewed hundreds of federal child pornography cases, identifying more than

300 in which verdicts were reached and sentencing, the terms of which were not always

stipulated, was imposed. Each of these crimes involved the use of a computer and/or the Internet,

i.e., the defendant was charged with possessing images on his or her computer downloaded from

the Internet, the defendant had participated in chat rooms or groups intended for people with an

interest in children’s sexuality, the defendant used file-sharing software to exchange child

pornographic images, or the defendant had sent emails either requesting or offering child

pornographic material. In one case, a couple was prosecuted for running a company providing

computerized credit card verification services to Web masters hosting child pornography on their

Web sites. The crime most frequently prosecuted was possession of child pornographic images

or video files, occurring in more than 200 of the cases, followed by receipt of the images, which

was a charge included in approximately 100 cases. Transport/shipping and distribution of child

pornography were prosecuted in more than 50 cases, production in 30, and advertising in 10. The

crime of sexually exploiting a minor was prosecuted in 20 cases.

Although the majority of defendants received sentences for child pornography charges in

accordance with the penalties stipulated in 18 U.S.C. § 2251 and § 2252, the court imposed

lengthy prison terms when it sentenced defendants to consecutive sentences rather than

concurrent sentences for multiple counts. Defendants’ sentences were also affected by other

crimes for which they were charged, tried, and convicted. For example, a defendant’s sentence

would appear considerably longer than those sentences stipulated in 18 U.S.C. § 2251 and §

2252 if the defendant was, in addition to being convicted for possession, distribution, or

production of child pornography, found guilty of sexual assault or convicted on firearm or drug

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

7

charges. Sentences were also substantially enhanced if the defendant was a repeat offender or

otherwise found to present a threat to society.

Research identified one case in which the defendant received a life sentence—that

defendant was also charged with firearm and drug violations—and two cases in which life

sentences were initially imposed but were remanded for resentencing during the appeals process.

A few defendants received long prison terms that, because of the defendants’ ages, amounted to

life terms, and several defendants received life terms of supervised release. Very few defendants

received exceptionally short sentences from trial judges. The government inevitably appealed

such sentences, and the appellate court typically vacated those sentences and remanded to the

district court for resentencing.

Four defendants were ultimately acquitted of their convictions. The U.S. government

appealed the sentences imposed in 19 cases. The appellate court vacated sentences and remanded

for resentencing in 10 of those cases. In the other nine cases, the district courts’ sentences were

upheld at the appellate level, or, as in one case, a new trial was granted to a defendant when the

appellate court dismissed two counts, despite the government’s objections.

Defendants typically appealed their sentences and often their convictions as well,

regardless of any stipulations in their plea agreements. The most common argument on appeal of

convictions was that evidence should have been suppressed. Many defendants also made

arguments on constitutional grounds, such as the effect of the U.S. Supreme Court 2002 decision

in Ashcroft v. Free Speech Coalition (535 U.S. 234). Sentencing appeals often focused on rulings

of U.S. v. Booker, 543 U.S. 220 (2005).

The Supreme Court ruling in Ashcroft affected a small number of cases identified in the

course of this research. Only one defendant was able to succeed, on appeal, in having his verdict

vacated and remanded for further proceedings. The defendant argued that the district court’s jury

instructions, which included the language “…or such visual depiction is, or appears to be, of a

minor…,” did not comply with Ashcroft, resulting in a jury conviction based on unconstitutional

grounds.

U.S. v. Booker rendered Sentencing Guidelines advisory for all criminal cases and

requires that sentences imposed at the district level be reasonable. Eight defendants cited the

Booker decision when appealing their sentences. In only one case did the appellate court disagree

with the defendant’s argument and affirmed the district court’s sentence. Other sentences were

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

8

also affirmed, but only after a remand had been ordered. In this review of cases, the researcher

identified only two instances where the U.S. Supreme Court granted certiorari; one of those

instances was granted because the Court thought the case should be reviewed to check for

violations of Booker. The appellate court ultimately affirmed that sentence. In the other case, the

defendant’s sentence was reduced following a remand under Booker.

STATE STATUTES AND CASES

Solicitation

California

California Penal Code § 272(b) criminalizes the use of a telephone or the Internet to lure

a child younger than 14 years of age away from his or her home or from any place where the

parent or guardian believes the child is located. The crime is a misdemeanor if the perpetrator is

21 years of age or older. Research identified no cases prosecuted under this statute.

Connecticut

Conn. Gen. Stat. Ann. § 53a-90a criminalizes the enticement of a minor through the use

of an interactive computer service to knowingly persuade, induce, entice, or coerce any person

under 16 years of age to engage in prostitution or other sexual activity that would incur a

criminal offense. Such a crime is a class D felony for the first offense, a class C felony for the

second offense, and a class B felony for any subsequent offense. If the victim is younger than 13

years of age, the offense is a class B felony for the first offense, and is punishable by a term of

imprisonment of which five years of the sentence may not be suspended or reduced. Any

subsequent offense earns a sentence of which 10 years may not be suspended or reduced. Conn.

Gen. Stat. Ann. § 53a-90b criminalizes as a Class C felony the misrepresentation of one’s age in

order to entice a minor. Research identified two cases prosecuted under § 53a-90a and none

under 90b. The defendants in each case appealed, one taking his appeal to the U.S. Supreme

Court, which denied certiorari. The other defendant petitioned to have his sentence reduced but

was unsuccessful.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

9

Florida

Fla. Stat. Ann. § 847.0135, known as the “Computer Pornography and Child Exploitation

Prevention Act,” criminalizes in subsection (3)(a) the use of computer services or devices to

seduce, solicit, lure, or entice (or the attempt to do so) a child or someone believed to be a child,

or the legal custodian of that child to grant consent for the child to commit any unlawful sexual

conduct. Such offenses are third-degree felonies, unless a person misrepresents his or her age, in

which case the offense is a second-degree felony. Third-degree felonies are punishable by a term

of imprisonment of no more than five years and a fine of no more than $5,000. Second-degree

felonies are punishable by a term of imprisonment of not more than 15 years and a fine of no

more than $10,000. Research identified six cases prosecuted under this statute. The defendants in

all of those cases appealed their convictions and/or sentences. The convictions and sentences in

all cases were affirmed at the appellate level; however, one defendant, arguing that his

convictions on 15 counts violated the double jeopardy principle, succeeded in having one

conviction reversed.

Michigan

Mich. Stat. Ann. § 750.145a criminalizes accosting, enticing, or soliciting a child less

than 16 years of age, regardless of whether the actual age of the child is known, with the

intention of inducing or forcing the child or individual believed to be a child, to commit an

immoral act, submit to sexual intercourse or an act of gross indecency, or any other act of

delinquency. Such crimes are felonies and are punishable by imprisonment for not more than

four years, or a fine of $4,000, or both. Research identified one case prosecuted under this

statute.

Mich. Stat. Ann. § 750.145c(2), which addresses both solicitation and child pornography,

criminalizes persuading, inducing, coercing, causing, or knowingly allowing a child to engage in

child sexually abusive activity for the purpose of producing child sexually abusive material, as

well as attempting, preparing, or conspiring to arrange for, produce, make or finance any child

sexually abusive activity or material. Such felonies are punishable by imprisonment of not more

than 20 years or a fine of not more than $100,000 or both if the defendant knows the depiction

included a child, if the material appears to include a child, or if no reasonable precautions were

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

10

taken to determine the age of the child in the depiction. Research identified six solicitation cases

prosecuted under this statute.

Mich. Stat. Ann. § 750.145d criminalizes the use of the Internet or a computer, computer

program, computer network, or computer system to communicate with the purpose of

committing, attempting to commit, conspiring to commit, or soliciting another person to commit

conduct proscribed under section 145c, in which the victim or intended victim is a minor or is

believed by that person to be a minor. Because section 145c, as the underlying crime, is a felony

punishable by a prison term of not more than 20 years, violations of section 145d are punishable

by imprisonment for not more than 20 years or a fine of not more than $20,000, or both.

Research identified six cases prosecuted under this statute.

Mich. Stat. Ann. Sections 750.145a and 145d are very similar except that § 750.145d is

computer-specific and carries a much stronger penalty, with a maximum prison sentence of 20

years, as compared to four years.

Of the seven Michigan solicitation cases, two defendants pleaded guilty, four were

convicted, and one case appears unresolved. All of these defendants appealed their convictions

and/or sentences, except for one government appeal of a circuit court order affirming the district

court’s dismissal of two of three counts. In that case, the appellate court affirmed in part,

reversed in part, and remanded the case for further proceedings. All defendants’ convictions

were affirmed in the appeals process. Only one sentence was remanded for resentencing; the

others were all affirmed.

Missouri

According to Mo. Rev. Stat. § 566.151, the punishment for using the Internet to entice a

minor, which is a class D felony, is imprisonment of not less than five years and not more than

30 years. In addition, after conviction, five years must pass before the defendant is eligible for

parole or probation. In Mo. Rev. Stat. § 566.083, using the Internet to entice a minor by

transferring images of genitalia to a minor is a class D felony. Under these two statutes, a peace

officer masquerading as a minor cannot be the basis for a defense challenge to the charges

brought against him. In Mo. Rev. Stat. § 566.153, the state addresses actions undertaken by those

trolling for information on children. Knowingly misrepresenting age with the intent to use the

Internet to engage in criminal sexual conduct involving a minor is a class D felony.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

11

Research identified several cases appealed relative to Mo. Rev. Stat. § 566, and in every

instance the lower court’s conviction was affirmed. In one case, the defendant argued that sexual

misconduct must occur in the presence of a minor, not over the Internet. In two other cases, the

defendants claimed the state did not have enough evidence to convict, but the court found that

online communications with law enforcement personnel portraying minors was sufficient

evidence to show intent.

New Hampshire

According to N.H. Rev. Stat. Ann. § 649-B:4, a defendant can be charged with a class B

felony for knowingly utilizing a computer or the Internet to seduce, solicit, lure, or entice a child

or someone believed by to be a child for sexual contact. The crime is classified as a class A

felony if the minor is under the age of 13 and is punishable by imprisonment for no less than 10

years and no more than 20 years. A maximum sentence of no more than 30 years may be

imposed upon someone who is convicted two or more times for the same offense. According to

N.H. Rev. Stat. Ann. § 649-B:4, a defendant cannot as a defense use the claim that the victim

was not an actual child. In N.H. Rev. Stat. Ann. § 639:3, soliciting sexual activity or making

visual representations of sexual activity with any child under the age of 16 is a class B felony.

New Hampshire protects a minor’s identifying information, such as name and address. In N.H.

Rev. Stat. Ann. § 649-B:3, the statute makes creating, receiving, or transmitting a minor’s

identifying information, which can be used to identify and locate minors for enticement, a class

B felony.

In two of the three New Hampshire solicitation cases reviewed, the court upheld

convictions against defendant appeals. One of the two defendants’ appeals claimed that there was

insufficient evidence to prove he knew the victim was under age 16, but the court ruled that

communications with the intended victim proved otherwise. In the state’s appeal, the court

agreed with the state that police testimony should be allowed because the detective’s knowledge

of the case was gained without illegal interception, as the defendant had argued. The police

detective gained knowledge of the case through online conversations with the defendant while

portraying a 14-year-old girl in an Internet chat room.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

12

New Jersey

In New Jersey, utilizing electronic communication devices to entice a child into a motor

vehicle, building, or secluded area is a second-degree crime, according to N.J.S.A. 2C:13-6. This

study did not identify any New Jersey solicitation cases using the stated search criteria.

New York

According to New York Penal Law § 235.22, intentionally using a computer to transfer

indecent material to a minor to induce a minor for sexual conduct or sexual contact is a first-

degree class C offense. In the three New York state appeals cases related to this statute, the court

denied one appeal based on a claim of vagueness in the statute, adding that the statute was not

overly broad and served a compelling interest in preventing sexual abuse of children. In another

case, a state appeal, the appellate court agreed with the state that sexually infused

communication, with or without pornographic photographs, constituted dissemination of

indecent material.

North Carolina

N.C. Gen. Stat. § 14-202.3 criminalizes the solicitation of a child by computer. The

offender must be older than 16 years of age, and the child must be younger than 16 and at least

three years younger than the offender, or believed to be so. Such a crime is a Class H felony,

unless the offender arranges to meet the victim and actually appears at the meeting location, in

which case the violation is a Class G felony. Research identified one case prosecuted under this

statute. The defendant appealed his conviction, arguing that the trial court committed a reversible

error when it denied his request that the jury receive instruction regarding entrapment. The

appellate court found no error, and his conviction was affirmed.

N.C. Gen. Stat. § 14-190.16 criminalizes as a Class C felony the transportation,

recording, or inducing of a minor, or one’s own child, for the purpose of producing a visual

representation of sexual activity as part of a live performance. The statute stipulates that mistake

of age is not a defense. Research identified one case prosecuted under this statute. The defendant

appealed his convictions (defendant was found guilty on four of five counts of violating Section

14-190.16); the appellate court affirmed the trial court’s denial of his motion to suppress

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

13

evidence but remanded his motion for appropriate relief to the trial court for an evidentiary

hearing.

Pennsylvania

In Pennsylvania, under 18 Pa. C.S. § 6318(b)(6), using a computer to communicate with

a minor, or law enforcement officer posing as a minor, for the purposes of engaging in lewdness,

obscene material and performance, sexual abuse, or sexual exploitation is a third-degree felony.

In five cases reviewed for solicitation in the Commonwealth of Pennsylvania, every

defendant appeal was denied and judgment was affirmed. In three cases, the defendant argued

that there was insufficient evidence to convict, but the court held that the intent to commit a

crime was displayed by the sexual content of the communications with the intended victim. In

another case, both the defendant and the state cross-appealed. The defendant was convicted, but

the sentence was suspended with the understanding that the defendant would be extradited to his

native country, India. The defendant appealed his conviction, claiming the court did not take into

account his lack of a prior criminal record. The state appealed his suspended sentence. The

appellate court affirmed the conviction and remanded the matter back to the lower court for

resentencing.

Child Pornography

California

California Penal Code § 311.1 prohibits the sale or distribution of obscene matter

depicting a person under age 18 engaging in sexual conduct. Sending or causing to be sent or

bringing or causing to be brought into the state for sale or distribution, or in the state possessing,

preparing, publishing, producing, developing, duplicating, or printing any representation of

information, data, or image (including but not limited to film, filmstrip, photograph, negative,

slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer

floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other

computer-generated image) containing or incorporating any film or filmstrip, with the intent to

distribute or exhibit, or exchange with others, or offering to do so, any obscene matter depicting

a minor under age 18 personally engaging in or personally simulating sexual conduct is an

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

14

offense punishable by imprisonment in the county jail for up to one year, by a fine not to exceed

$1,000, or both; or by imprisonment in the state prison, by a fine not to exceed $10,000, or both.

Research identified two cases prosecuted under this statute.

California Penal Code § 311.2 criminalizes the production, distribution, or exhibition of

obscene matter containing sexually explicit images of a person under the age of 18. The

maximum penalty for violating sections of this statute is six years in the state prison and a fine of

$100,000. Research identified no cases prosecuted under this statute.

California Penal Code § 311.3 criminalizes the sexual exploitation of a child. The

development, duplication, printing, or exchanging of any representation of information, data, or

image (including but not limited to film, filmstrip, photographs, negative, slide, photocopy,

videotape, video laser disc, computer hardware, computer software, computer floppy disc, data

storage media, CD-ROM, or computer-generated equipment or any other computer-generated

image) containing or incorporating any film or filmstrip depicting a person under age 18 engaged

in an act of sexual conduct is an offense punishable by a fine of not more than $2,000 or

imprisonment in county jail for not more than a year or both. Previous convictions under any

section of section 311 are punishable by incarceration in the state prison. Research identified one

case prosecuted under this statute.

California Penal Code § 311.4 criminalizes the employment of a minor in the sale or

distribution of obscene matter or production of pornography. Subsection (a) prohibits hiring,

employing, or using minors to do or assist in doing any acts described in Section 311.2, an

offense punishable by imprisonment in the county jail of up to one year, a fine not exceeding

$2,000, or both. If the offender is a repeat offender, the sentence will be served in the state jail,

and a fine not exceeding $50,000 may be imposed. Subsections (b) and (c) prohibit (any person,

including legal guardians) the promotion, employment, use, persuasion, inducement, or coercion

of a minor under age 18 to engage in or assist others to engage in the posing or modeling alone

or with others for purposes of preparing any representation of information, data, or image,

including, but not limited to any film, filmstrip, photograph, negative, slide, photocopy,

videotape, video laser disc, computer hardware, computer software, computer floppy disc, data

storage media, CD-ROM, or computer-generated equipment or any other computer-generated

image that contains or incorporates any film, filmstrip, or live performance involving sexual

conduct alone or with other persons or animals by a minor under the age of 18. Violating

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

15

subsection (b) is a felony punishable by imprisonment in the state prison for three, six, or eight

years; and subsection (c) is also a felony. Penalties are enhanced if the minor is under the age of

14 at the time of the offense. Research identified one case prosecuted under this statute.

California Penal Code § 311.10 prohibits the advertisement of obscene matters depicting

minors. The advertisement for sale or distribution of any obscene matter depicting a person

under the age of 18 personally engaging in or personally simulating sexual conduct is a felony

punishable by imprisonment in the state prison for two, three, or four years, or in a county jail

not exceeding one year, or with a fine not exceeding $50,000, or a combination of fine and

imprisonment. Research identified one case prosecuted under this statute.

California Penal Code § 311.11 criminalizes the possession or control of any matter,

representation of information, data, or image, including, but not limited to, any film, filmstrip,

photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware,

computer software, computer floppy disk, data storage media, CD-ROM, or computer-generated

equipment or any other computer-generated image that contains or incorporates in any manner,

any film or filmstrip, matter depicting a person under the age of 18 years engaging in or

simulating sexual conduct. The offense is a felony punishable by imprisonment for up to one

year, a fine not exceeding $2,500, or both. Anyone found guilty of previously violating the

statute, or any offense requiring registration as a sex offender, or attempting to commit such

offenses, may be punished by imprisonment for two, four, or six years. Research identified nine

cases prosecuted under this statute.

Law enforcement and prosecution agencies involved in the investigation and prosecution

of criminal offenses are statutorily protected from prosecution.

Seven defendants appealed their cases in California and only one of those cases was not

fully affirmed; the court struck one count, and the case was remanded for resentencing.

However, that defendant had received a 247-year prison term, reduced to 222 years after the one

count was struck. In two cases, the government dismissed charges relevant to this study as part of

defendants’ plea agreements. Research identified no cases in which defendants were acquitted of

their charges.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

16

Connecticut

Conn. Gen. Stat. Ann. Chapter 952 § 53a-196a criminalizes as a Class A felony the

employment of a minor in an obscene performance. A person is guilty if he or she employs a

minor or if he or she permits a minor to be employed in such a performance. Conn. Gen. Stat.

Ann. Chapter 952 § 53a-196b criminalizes as a Class B felony the promotion of a minor in an

obscene performance. Conn. Gen. Stat. Ann. Chapter 952 § 53a-196c criminalizes as a Class B

felony the importation of child pornography. Conn. Gen. Stat. Ann. Chapter 952 § 53a-196d

criminalizes as a Class B felony the possession in the first degree, or knowingly possessing 50 or

more visual depictions of child pornography. Conn. Gen. Stat. Ann. Chapter 952 § 53a-196e

criminalizes as a Class C felony the possession of child pornography in the second degree, or the

possession of 20 or more images. Conn. Gen. Stat. Ann. Chapter 952 § 53a-196f criminalizes as

a Class D felony the possession of child pornography in the third degree, or the possession of

fewer than 20 depictions. A Class A felony carries a penalty of imprisonment of which 10 years

of the sentence may not be suspended or reduced; in Class B felonies, five years of the sentence

may not be suspended or reduced; in Class C felonies, two years may not be suspended or

reduced; and in Class D felonies, one year of the sentence may not be suspended or reduced.

Research identified two cases prosecuted under Chapter 952, one each under Sections 53a-196a

and 196c. In each case, the defendant appealed the conviction, but the appeal was denied.

Florida

Fla. Stat. § 847.011 criminalizes the ownership or distribution of material depicting a

minor in any sexual act or conduct harmful to the minor. The offense is classified as a third-

degree felony. Research identified no cases prosecuted under this statute.

Fla. Stat. § 847.012 criminalizes the use of a minor in a production of sexual material or

the selling, renting, or loaning of materials containing sexual content to minors. The offense is

classified as a third-degree felony. Research identified no cases prosecuted under this statute.

Fla. Stat. § 847.0137 criminalizes the transmission of child pornography through any

medium, including the Internet, by use of any electronic equipment or device. A person commits

a felony of the third degree if he or she sends child pornography to another person in the state or

in another jurisdiction. A person outside of the state also commits a felony of the third degree if

he or she sends child pornography to someone in the state. Third-degree felonies are punishable

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

17

by a term of imprisonment of no more than five years and a fine of no more than $5,000.

Research identified no cases prosecuted under this statute. One Internet child pornography case

was prosecuted under Florida Statute § 827.071(3)

2

, charging that the defendant, a minor female,

produced, directed, or promoted a photograph or representation known to include the sexual

conduct of a child because she had emailed digital pictures of herself and her boyfriend engaged

in sexual conduct.

Missouri

Missouri statute Mo. Rev. Stat. § 573.025 stipulates that promoting, distributing, or

transferring child pornography to a minor is a class A felony, and promoting child pornography

is a class B felony. According to Mo. Rev. Stat. § 573.030, whoever promotes, produces, directs,

or participates in any performance that is pornographic for minors via computer, electronic

transfer, Internet, or computer network is guilty of a second-degree class A misdemeanor if the

person made the matter available to a specific individual known by the defendant to be a minor.

The crime becomes a class D felony if the person has previously been found guilty of the same

offense. Notably, the state does not require electronic communication services or remote

computing services, such as an ISP, to monitor Internet use or content.

Of the five cases reviewed addressing child pornography in this state, only one defendant

successfully appealed his conviction. The appellant proved that there was sufficient motive and

opportunity for someone else to have taken the pornographic pictures. In the other four cases, the

court affirmed judgment against the defendants.

New Hampshire

According to N.H. Rev. Stat. Ann § 649-B:3, knowingly making, buying, selling,

receiving, or transmitting a minor's identifying information, such as name, age, address, physical

description, in order to facilitate or solicit sexual conduct of or with a child, or any visual

depiction of such conduct, is a class B felony. This study did not identify any New Hampshire

child pornography cases using the stated search criteria.

2

Fla. Stat. § 827.071 provides criminal penalties for persons promoting a sexual performance by a child under 18

years of age.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

18

New Jersey

According to N.J.S.A. 2C:24-4 b. (3), causing or permitting a child to perform a sexual

act or simulation that will be photographed, filmed, or reconstructed on the Internet is a crime of

the second degree. The same offense becomes a crime in the first degree if the parent or guardian

of the child commits the offense. In N.J.S.A. 2C:24-4 b. (4), a person who photographs or films a

child in a prohibited sexual act or simulation or uses a computer to reproduce or reconstruct the

material is guilty of a crime in the second degree. Under N.J.S.A. 2C:24-4 b. (5) (a), a person

who receives photographs, videotape, or a computer file of a child in a prohibited sexual act or

simulation for the purpose of selling, transferring, or delivering the material by any means,

including the Internet, is guilty of a crime in the second degree. Knowingly possessing or

viewing any photograph, videotape, or computer file, locally or on the Internet, of a child in a

prohibited sexual act or simulation, is a violation of N.J.S.A. 2C:24-4 and is a crime in the fourth

degree.

The state of New Jersey appealed in three of the five criminal child pornography cases

reviewed. The state won two of the three appeals—both decisions reversed dismissals of the

indictments. In one of the state’s two successful appeals, a lower court had dismissed an

indictment because the same crime had been prosecuted in New York State. The court held that

the defendant should be charged with the crime in New Jersey as well as New York State. In

another case, the state lost an appeal because the court ruled that the state had charged the

defendant with second-degree child pornography when it should have charged the defendant with

a lesser offense.

New York

New York State Penal Code Articles 263.15 and 263.16 prohibit, respectively, promoting

a sexual performance by a child less than 17 years of age and possessing a sexual performance

by a child less than 16 years of age. “Performance” is defined to include photographs. State

appellate courts affirmed lower court child pornography convictions in three cases and reinstated

an indictment based on a state appeal in a fourth case. In People of the State of N.Y. v. Fraser,

the court held that there is no scientific justification for possession of child pornography and

ruled that digital computer images of child pornography qualify as “photographs” under the

definition of Penal Code Article 263, possession of which is prohibited. In other cases, the court

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

19

denied the claim that possession of child pornography is a First Amendment right, and held that

downloaded photographs can be used in evidence against a defendant.

North Carolina

N.C. Gen. Stat. § 14-190.15 criminalizes the dissemination of harmful material to minors

or allowing a minor to view a live performance harmful to minors. The offense is classified as a

Class 1 misdemeanor. Research identified no cases prosecuted under this statute.

N.C. Gen. Stat. § 14-190.16 classifies as first-degree sexual exploitation of a minor the

use, employment, inducement, coercion, encouragement, or facilitation of a minor to engage in

or assist others to engage in sexual activity for a live performance for the purpose of producing

material containing a visual representation depicting such activity; permitting a minor under the

custody of the offender to engage in such sexual activity; the transportation or financing of the

transportation of a minor through or across the state with the intent that the minor engage in such

activity; and the recording, photographing, filming, developing, or duplicating for sale or

pecuniary gain any material containing such a visual representation. The offense is a Class C

felony. Mistake of age is not a defense. Research identified no cases prosecuted under this

statute.

N.C. Gen. Stat. § 14-190.17 classifies as second-degree sexual exploitation of a minor the

recording, photographing, developing, or duplicating of material containing a visual

representation of a minor engaged in sexual activity and the distribution, transportation,

exhibition, receipt, selling, purchasing, exchanging, or solicitation of such material. The offense

is a Class E felony. Mistake of age is not a defense. Research identified one case prosecuted

under this statute. The defendant appealed, and the case was remanded to the trial court for an

evidentiary hearing regarding the defendant’s motion for appropriate relief.

N.C. Gen. Stat. § 14-190.17A classifies as third-degree sexual exploitation of a minor the

possession of material containing a visual representation of a minor engaging in sexual activity,

punished as a Class H felony. Mistake of age is not a defense. Research identified four cases

prosecuted under this statute. The defendants in each case appealed their convictions and/or

sentences, and in each case the appellate court found no error, thus affirming their convictions

and sentences.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

20

Pennsylvania

In 18 Pa. C.S. § 5903(c), disseminating explicit sexual materials to a person known to be

a minor is a third-degree felony, and in 18 Pa. C.S. § 6312(b), photographing, videotaping, or

depicting on a computer any prohibited sexual acts or simulations of a child younger than 18

years old is a second-degree felony. According to 18 Pa. C.S. § 6312(c), selling, distributing,

disseminating, or displaying any book, photograph, film, or computer depiction of a child less

than 18 years old in a prohibited sexual act or simulation is a third-degree felony. In 18 Pa. C.S.

§ 6312(d), possession of any book, picture, magazine, photograph, film, computer depiction, or

any other material containing a child younger than 18 years old in a prohibited sexual act or

simulation, is a third-degree felony.

The state successfully appealed a case against a 17-year-old defendant after the charges

were dismissed for lack of jurisdiction. The court ruled that the defendant continued to possess

the illegal content after he turned 18 years old and remanded the case for further hearing. In

another appeal, the defendant claimed he did not have control over the child pornography found

on his personal computer, but the court determined that the defendant purposefully searched the

Internet for child pornography and viewed it on his computer.

Harassment and Bullying

California

California Penal Code 653.2(a) – (c) criminalizes the electronic distribution of a victim’s

identifying information or transmitting a harassing message via electronic communication

devices such as telephones, cell phones, or computers; Internet Web pages, sites, or Internet

phones; or any hybrid cellular/Internet/wireless device in order to cause another person to fear

for his or her safety or for that of his or her family. The offense is classified as a misdemeanor

punishable by up to one year in prison, a fine of not more than $1,000, or both. Research

identified no cases prosecuted under this statute.

Connecticut

Conn. Gen. Stat. Ann. Chapter 952 § 53a-182b criminalizes as a Class D felony the use

of a computer network or any written communications to harass, annoy, or threaten another

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

21

person; using a computer network with the intent to harass, annoy, or threaten another person is

classified as a Class C misdemeanor. Research identified no cases prosecuted under this statute.

Michigan

Mich. Stat. Ann. § 750.411h criminalizes the use of repeated electronic communication

without consent to cause a person to suffer emotional stress or feel frightened. The offense is

classified as a misdemeanor punishable by up to one year in prison, a fine of $1,000, or both, but

if the victim is younger than 18 years of age and the perpetrator is at least five years older at the

time of the harassing contact, the offense is a felony punishable by up to five years in prison, a

fine of no more than $10,000, or both. Research identified no cases prosecuted under this statute.

Mich. Stat. Ann. § 750.411i(3) (a-b) prohibits the violation of a restraining order or

probation condition against sending electronic communication without consent; the offense is

considered aggravated stalking if the perpetrator makes a credible threat to the victim. The

felony is punishable by imprisonment for up to five years, a fine of no more than $10,000, or

both. If the victim is younger than 18 years of age and the perpetrator is five years older than the

victim, the offense is punishable by up to 10 years in prison, a fine of $15,000, or both. Research

identified no cases prosecuted under this statute.

Missouri

This study did not identify any Missouri harassment or bullying statutes or cases using

the stated search criteria.

New Hampshire

According to N.H. Rev. Stat. Ann. § 644:4, harassing someone via electronic

transmissions, such as computer transmissions, for the purpose of annoying, alarming, or

threatening, with or without disclosing identity, is a misdemeanor. The offense is prosecuted in

the jurisdiction where the transmission originated or was received. Research did not identify any

New Hampshire statutes or cases which matched the search criteria.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

22

New Jersey

No criminal laws against harassment or bullying via electronic communications devices

exist in New Jersey. However, education statutes contained the following guidelines: in N.J.S.A.

18A:37-15.1, “electronic communication” shall be added to school districts' harassment and

bullying prevention policy; and in N.J.S.A. 18A:37-15. 2. a, each school district shall adopt a

policy prohibiting harassment, intimidation or bullying by means of electronic communications

on school property, at a school-sponsored function, or on a school bus. Research did not identify

New Jersey cases regarding harassment and bullying which matched the search criteria.

New York

According to N.Y. Penal Law § 240.30 (b), using electronic communication with intent

to harass, annoy, threaten, or alarm another person is aggravated harassment in the second

degree, a class A misdemeanor. Research identified no New York cases matching the search

criteria for harassment and bullying via electronic communications technology.

North Carolina

North Carolina General Statute 14-277.3A classifies as a Class 1A misdemeanor when a

person willfully and on more than one occasion harasses another person via telephone, electronic

mail, or other computerized transmission in order to knowingly torment or terrify a person.

Research identified no cases prosecuted under this statute.

Pennsylvania

There were no state of Pennsylvania statutes or cases to match the search criteria for

harassment and bullying via electronic communications technology.

Trends

State appellate courts typically affirm lower court convictions in solicitation and child

pornography cases, which indicates that courts are interpreting statutes consistent with the goal

of protecting minors from predators.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

23

States have different penalties for similar violations. In the state of Missouri, for example,

the minimum penalty for solicitation is five years, and in Florida the maximum sentence for the

same violation is five years. In California, this crime is considered a misdemeanor.

Law enforcement officials share information regarding online solicitation of minors with

agents in their own or other states. For example, in State of New Jersey v. William T. Evers, a

New Jersey man e-mailed child pornography to a California sheriff’s deputy, who was posing as

a minor, from a child pornography chat room. The deputy forwarded the defendant’s name and

address to New Jersey police, who obtained a search warrant and found 40 images of child

pornography on the defendant’s hard drive.

3

The defendant was successfully prosecuted. Many

states claim the authority to apprehend and prosecute if the predator sends electronic

correspondence from their jurisdiction or if the intended victim lives within the jurisdiction.

Police and other law enforcement officials have been successful in bringing cases against

online predators who solicit minors for sexual conduct. Law enforcement officers often portray

teenagers online in order to find predators, set times and places to meet, and eventually

apprehend them. Many cases were appealed on the grounds that no actual minor was involved in

the electronic communications with law enforcement officers. The court consistently held that

because the defendant believed he was communicating with a minor he was therefore guilty of

solicitation charges.

Although many states have incorporated the illegal use of electronic communications into

child pornography/solicitation statutes, states often prosecute Internet predators under other

statutes that do not specifically criminalize the use of electronic communications devices and

their associated activities. For example, Pennsylvania tried predators who used the Internet to

solicit minors under statutes that did not specifically include reference to communications

technology, such as 18 Pa. C.S. § 3122.1—Statutory Sexual Assault. In Missouri, the state

prosecuted some predators under Mo. Rev. Stat. 566.034—Statutory Rape. New Jersey

prosecuted defendants who solicited minors over the Internet under statutes such as 2C:14-2(c)

—Sexual Assault or 2C:5-1(a)(3)—Criminal Attempt. In California, where some defendants

were prosecuted for sexual assault against minors, prosecutors presented evidence from the

defendants’ computers showing that they possessed and exchanged electronic images of child

3

State of New Jersey v. William T. Evers, A-81/82 September Term 2001, 175 N.J. 355; 815 A.2d 432.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

24

pornography. These defendants were not, however, prosecuted under laws that criminalized the

possession of electronic images of child pornography.

In both Florida and New Hampshire, in an effort to protect children from predators who

share identity information, statutes have been enacted to make it illegal to buy, sell, or share a

minor’s name and address for the purposes of solicitation.

COMPARING FEDERAL TO STATE

In both state and federal cases, there were many instances of law enforcement officers

portraying minors in Internet chat rooms to make contact with predators. Law enforcement

officers were successful in capturing many suspects after developing online relationships with

predators through chat rooms, email, instant messaging, and text messaging and retained

electronic correspondence for use in court against predators.

Many state and federal defendants appealed solicitation cases on the grounds that the

prosecution lacked sufficient evidence to convict. However, courts determined that if sexual

content existed in electronic communications, or if the defendant had set times and places to

meet with minors, or had traveled to meeting places, the evidence indicated intent. Law

enforcement officers maintain records of electronic communications as evidence against

predators.

Defendants in both state and federal cases argued that the involvement of an actual minor

was required to convict on solicitation charges. Courts reviewed sexually infused electronic

communications, plans to meet with intended victims, and travel to meet the intended victims as

proof of intent to solicit sexual relations with minors. Because the predator intended to solicit a

minor, an actual minor was not necessary for conviction of solicitation.

In general, lower court rulings on the federal and state level were affirmed by appeals

courts. Any convictions that were overturned were generally at the state level. Some cases were

remanded back to the trial court for resentencing.

Although there are high-profile cases regarding online or electronic communication

harassment and bullying, research identified no state or federal cases matching the study criteria.

Notably, in July 2009 a federal judge overturned a jury conviction of a Missouri woman who had

portrayed a minor in a social networking site in order to bully an adolescent girl, who later

committed suicide (U.S. v. Drew, case no. 08-CR-582). The U.S. attorney in Los Angeles had

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of

Congress – Federal Research Division Internet Crime Cases

25

charged Ms. Drew with three misdemeanor counts of gaining access to computers without

authorization under the Computer Fraud and Abuse Act — 18 U.S.C. § 1030; the judge ruled this

statute to be too vague when applied to this case. The existing federal statute addressing online

harassment (47 U.S.C. § 223: Obscene or harassing telephone calls in the District of Columbia or

in interstate or foreign communications) has not been used to address cases of cyber bullying.

Likewise, of the sample states researched in this study, few states were found to have effective

statutes addressing electronic communication harassment and bullying.

CONCLUSION

Review and analysis of select state and federal law and cases regarding Internet crimes

against children show that although current state and federal legislation is being enforced, the

states and the federal government need to enact new legislation to keep pace with changing

technology. Adding “electronic communications devices” to existing statutes may bring a more

uniform standard of law for all states and enable law enforcement officers to target electronic

communication technology used by predators to solicit minors, engage in child pornography, and

harass and bully minors. Frequently, records of Internet criminal activity are being used as

evidence in criminal proceedings for other crimes, but not as the basis for criminal prosecution.

Based on research of federal and select state statutes, there appear to be adequate laws addressing

the crimes of solicitation and child pornography, but not a sufficient number of laws specifically

targeted to the growing phenomenon of cyber harassment and bullying.

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

FEDERAL CASES

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

12-Feb-99

U.S. v. Troy

Upham, 98-

1121,

168 F.3d 532

Four counts of

transporting i

n

interstate commerce

computer graphic

images of minors

engaged in sexually

explicit conduct, the

production of which

involved the use of

minors engaged in

such conduct, in

violation of 18 U.S.C.

§ 2252(a)(1). Each

count related to

transmissions on a

different date. One

count (count 5) of

possession of 1,400

images of minors

engaged in sexually

explicit conduct, the

production of which

involved the use of

minors engaged in

such conduct, in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted on all

five counts

Not stipulated The defendant

appealed his

convictions. The

U.S.

Court of Appeals for

the First Circuit

affirmed.

Child

Pornography

5-Mar-99

U.S. v. John

Fabian

o, 98-1048,

169 F.3d 1299

Charged in a 15-count

indictm

ent with

transporting, receiving,

and possessing child

A jury convicted

him of two counts

of receiving visual

depictions of child

24 months of

imprisonment and

three years of

supervised release

The defendant

appealed his

conviction and

sentence. The U.S.

27

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

pornography in

violation of 18 U.S.C.

§ 2252(a)(1), (a)(2)

and (a)(4)(B)

pornography in

violation of 18

U.S.C. §

2252(a)(2) and

acquitted him on

the remaining 13

counts.

Court of Appeals for

the Tenth Circuit

affir

med the

conviction and

sentence.

Child

Pornography

23-Jun-99

U.S. v. Cory

Stephen Lake, 97-

693,

53 F.Supp. 2d

771

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B); also

indicted by state for

four counts of second-

degree sexual assault,

two counts of second-

degree child

endangerment, one

count of second-degree

distribution of child

pornography, one

count of fourth-degree

possession of child

pornography, one

count of tampering

with evidence, one

count of criminal

restraint and one count

of terrorist threat

Pleaded guilty to

federal possession

charge; pleaded

not g

uilty to

sexual assault but

guilty to two

counts of child

endangerment and

possession of child

pornography

Unclear; 33 to 41

m

onths of

imprisonment

followed by three-

year term of

supervised release

with special

conditions

N/A

Child

Pornography

29-Jun-99

U.S. v. Daniel

Zane M

ohrbacher,

98-10009, 182

F.3d 1041

1) and 2) transporting

visual depictions of

minors engaged in

sexually

explicit

Convicted by jury

on all four counts;

prior to trial, the

defendant had

Nine months of

imprisonment on

each count, served

concurrently,

The defendant moved

for acquittal on counts

1 and 2 and moved for

an adjustment on his

28

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

conduct in violation of

18 U.S.C. §

2252(a)(1); 3)

possession of three or

more items depicting

sexually explicit

conduct in violation of

18 U.S.C. §

2252(a)(4)(B); 4)

receiving visual

depictions of minors

engaging in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(2)

attempted to reach

a plea agree

ment

by pleading guilty

to count two, but

withdrew his plea

followed by three

y

ears of

supervised release

sentence for the other

counts based on

acceptance of

responsibility. The

U.S. Court of Appeals

for the Ninth Circuit

reversed the

defendant’s conviction

on counts 1 and 2 but

affirmed the district

court’s denial of an

adjustment and

remanded the case for

further proceedings.

Child

Pornography

29-Jun-99

U.S. v. Michael

Aaron W

ilson, 98-

1323, 182 F.3d

737

Possession of three or

mo

re matters

containing visual

depictions of minors

engaged in sexually

explicit conduct which

were produced using

materials shipped or

transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted N/A The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Tenth Circuit

concluded that the

evidence presented at

trial was insufficient,

reversed the

defendant’s

conviction, and

remanded with

directions to enter a

judgment of acquittal.

Child

Pornography

30-Aug-99

U.S. v. Paul

Frederic

k Laney,

98-10032, 189

A 24-count indictment

against Laney and 15

co-defendants

Pleaded guilty to

all three counts

without reaching

81 months of

im

prisonment and

restitution to one

The defendant

appealed his sentence.

The U.S. Court of

29

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

F.3d 954 contained three

charges against Laney:

Count 1) conspiracy to

sexually exploit

children in violation of

18 U.S.C. § 2251(a)

and (d); Count 2)

conspiracy to engage

in certain activities

relating to the sexual

exploitation of

children in violation of

18 U.S.C. § 2252(a)

and (b)(1); and Count

18) distribution of

visual depiction of

minors engaged in

sexually explicit

conduct in violation of

18 U.S.C. §

2252(a)(1).

an agreement on

sentencing

of the victims of

the Internet child

porno

graphy ring

of which

defendant was a

member

Appeals for the Ninth

Circuit affir

med the

sentence.

Child

Pornography

2-Sep-99

U.S. v. James W.

Snyder, 98-2

574,

189 F.3d 640

Producing child

porno

graphy in

violation of 18 U.S.C.

§ 2251(a)(2); receiving

child pornography in

violation of 18 U.S.C.

§ 2252(a)(2);

distributing child

pornography in

violation of 18 U.S.C.

§ 2252(a)(2); and

possessing child

Convicted on all

four counts

168 months of

im

prisonment

followed by six

years of

supervised release

The defendant

appealed. The U.S.

Court of Appeals for

the Seventh Circuit

affirmed.

30

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

pornography in

violation of 18 U.S.C.

§ 2252(a)(3)(B). Each

count also charged

defendant with aiding

and abetting under 18

U.S.C. § 2.

Child

Pornography

21-Sep-99

U.S. v. Jerry

Stewart

, 99-60193,

190 F.3d 389

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A and one count

of possession of stolen

goods

Pleaded guilty 92 months of

im

prisonment

(five years for

possession of child

pornography and

10 years for

possession of

stolen goods)

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Fifth

Circuit affir

med.

Child

Pornography

12-Nov-99

U.S. v. Jack

Acheson, 98-

3559,

195 F.3d 645

One count of

knowingl

y receiving

visual depictions of

minors engaged in

sexually explicit

conduct transported in

interstate commerce by

means of computer and

one count of

knowingly possessing

material containing

three or more images

of child pornography,

in violation of the

Child Pornography

Prevention Act of 1996

(Pub.L.No. 104-208,

Pleaded guilty Not stipulated The defendant

appealed on the

groun

ds the CPPA was

unconstitutional. The

district court affirmed

his conviction and

dismissed his appeal.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed.

31

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

110 Stat 3009, 3009-

26)

Child

Pornography

18-Nov-99

U.S. v. David

Perreault

, 99-

30087, 195 F.3d

1133

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty Unclear; two-level

upward departure

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Ninth

Circuit affir

med the

sentence.

Child

Pornography

2-Dec-99

U.S. v. Donald G.

Stevens, 98-3

0289,

197 F.3d 1263

Six counts of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty to

six counts

120 months of

im

prisonment for

each count, served

concurrently

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Ninth

Circuit vacate

d the

sentence and

remanded for

resentencing.

Child

Pornography

4-Jan-00

U.S. v. David

Vernon Tank,

98-

10001, 200 F.3d

627

Conspiring to sexually

exploit a chil

d for the

purpose of producing a

sexually explicit visual

depiction in violation

of 18 U.S.C. § 2251(a)

and (d); conspiring to

engage in the receipt

and distribution of

sexually explicit

images of children in

violation of 18 U.S.C.

§ 2252(a) and (b)(1);

and distributing

sexually explicit

Convicted 235 months of

im

prisonment

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed the

convictions, but

reversed the sentence

in part and remanded

for resentencing.

32

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

images of a child to

another person in

violation of 18 U.S.C.

§ 2252(a)

Child

Pornography

13-Apr-00

U.S. v. Lawrence

Charles M

atthews,

99-4183, 209 F. 3d

338

Six counts of

transm

itting child

pornography over the

Internet, in violation of

18 U.S.C. §

2252(a)(1); nine

counts of receiving

child pornography

over the Internet, in

violation of 18 U.S.C.

§ 2252(a)(2)

District court

denied defendant’s

m

ove to dismiss

indictment based

on First

Amendment

rights; under plea

agreement,

Matthews pleaded

guilty to one count

each of

transmitting and

sending child

pornography with

right to appeal.

Unclear;

downward

departure denied

The defendant, an

award-winning

journalist, appealed his

conviction on

First

Amendment grounds.

The U.S. Court of

Appeals for the Fourth

Circuit affirmed the

district court’s

judgment. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

17-Jul-00

U.S. v. Gregory

James G

rant, 99-

2332, 218 F.3d 72

Possession and

distributio

n of child

pornography that had

been transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(2) and

(5)(B)

Pleaded guilty Not stipulated The defendant

appealed the district

court’s denial

of his

motion to suppress

evidence. The U.S.

Court of Appeals for

the First Circuit

affirmed.

Child

Pornography

20-Jul-00

U.S. v. Terry Joe

Lee Campos, 99-

5050

, 221 F.3d

1143

Transporting child

porno

graphy through

interstate commerce

via computer in

Convicted 37 months of

imprisonment

The defendant

appealed his

conviction. The U.S.

Court of Appeals for

33

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

violation of 18 U.S.C.

§ 2252(a)(1)

the Tenth Circuit

affirmed.

Child

Pornography

27-Nov-00

U.S. v. Bart

Henriques, 99-

6081

9, 234 F.3d

263

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 252A(a)(5)(B)

Convicted 42 months of

im

prisonment

followed by three-

year term of

supervised release

The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Fifth Circuit

overturned his

conviction.

Child

Pornography

6-Dec-00

U.S. v. Ralph

Wayne Angle, 99-

3349

, 234 F.3d

326

Several crimes related

to child

pornography

and pursuit of a minor

for sexual gratification

(federal law not

stipulated)

Convicted A combination of

sentencing

enhancem

ents and

an upward

departure from the

applicable

guideline range.

The district court

sentenced the

defendant to just

over 27 years in

prison.

The defendant

challenged hi

s

convictions and

sentence; the U.S.

Court of Appeals for

the Seventh Circuit

affirmed the

convictions but

remanded the case for

resentencing. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

4-Jan-01

U.S. v. Frank

Pierce

, 99-41463,

237 F.3d 693

Failing to create and

maintain reco

rds

pertaining to

individuals who were

objects of sexually

explicit photographs,

in violation of 18

U.S.C. § 2257(f)(1)

Pleaded guilty 12 months of

im

prisonment

Defendant appealed

his sentence, arguing

that the district court

erred in refusing to

grant him a two-level

reduction for

acceptance of

responsibility. The

court affirmed, finding

that the district court

34

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

had a basis for

concluding that

defendant falsely

denied relevant

conduct, and its refusal

to grant the downward

adjustment had

foundation. Sentence

affirmed.

Child

Pornography

4-May-01

U.S. v. Jeffrey

Tucker

, 2:98-CR-

425C

Knowingly possessing

child por

nography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted Not stipulated N/A

Child

Pornography

12-Jul-01

U.S. v. David J.

Brunette, 00-

2194,

256 F.3d 14

1) transportation of

child por

nography in

violation of 18 U.S.C.

§ 2252A(a)(1); 2-4)

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty Not stipulated The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the First Circuit

affirmed the

conviction.

Child

Pornography

3-Oct-01

U.S. v. Jason

Albert Becht, 00-

3690

, 267 F.3d

767

One count of

possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

one count distributing

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(1)

Convicted 97 months of

i

mprisonment; two

years of

supervised release;

$200 special

assessment

The defendant

appealed his

conviction

but the U.S.

Court of Appeals for

the Eighth Circuit

affirmed it. The

defendant filed a

motion for post-

conviction relief,

which was denied (see

35

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Becht v. U.S., 403 F.3d

541). He then filed for

a rehearing, which was

denied. U.S. Supreme

Court: certiorari also

denied.

Child

Pornography

9-Oct-01

U.S. v. Lonne

Joseph Parke

r, 00-

3391 and 01-1010,

267 F.3d 839

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted 37 months of

imprisonment

The defendant

appealed his

conviction and the

district court’s denial

of his motion for a

new trial. The

government cross-

appealed, arguing that

the district court erred

by failing to enhance

the defendant’s

sentence based on the

sadistic nature of the

images. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed the

defendant’s conviction

and the district court’s

denial of a new trial

but reversed and

remanded the case for

resentencing.

Rehearing, rehearing

en banc, writ of

certiorari, and post-

conviction relief all

36

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

denied.

Child

Pornography

31-Oct-01 U.S. v. Sean Laine,

01-1432, 270 F.3d

71

Possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 37 months of

im

prisonment

The defendant

appealed his

conviction. The U.S.

Court of Appeals for

the First Circuit

affirmed the

conviction.

Child

Pornography

17-Jan-02

U.S. v. Thomas

Luke Guagliardo,

01-50

066, 278

F.3d 868

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 15 months of

im

prisonment

followed by three

years of

supervised release

with special

conditions

The defendant

appealed his

conviction an

d the

three conditions

attached to his

supervised release.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed the

conviction but

remanded the case for

resentencing. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

12-Feb-02

U.S. v. David

Daniel Anderson,

01-13

68, 280 F.3d

1121

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 60 months of

imprisonment and

three-year term

supervised release

The defendant

appealed the

sufficiency of the

indictment that led to

his jury conviction.

The U.S. Court of

Appeals for the

Seventh Circuit found

the indictment

37

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

sufficient to uphold the

defendant’s conviction

and sentence.

Child

Pornography

2-Apr-02

U.S. v. David

Kemmerling, 01-

2927

, 285 F.3d

644

One count of sexually

exploiting chi

ldren in

violation of 18 U.S.C.

§ 2251(a) and four

counts of possessing

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B). The

defendant had been

convicted twice

previously of offenses

relating to the sexual

exploitation of

children in violation of

18 U.S.C. § 2251(d).

Convicted Not stipulated The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Eighth Circuit

affirmed the

conviction. Writ of

certiorari denied.

Child

Pornography

18-Apr-02

U.S. v. Robert

Beam Runyan, 00-

1082

1 and 01-

11207, 290 F.3d

223

Sexual exploitation of

a child in vi

olation of

18 U.S.C. § 2251;

distribution, receipt,

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A

Convicted 300 months of

im

prisonment,

three-year term of

supervised release,

$400 special

assessment

The defendant

appealed his

convictions a

nd

sentences. The U.S.

Court of Appeals for

the Fifth Circuit

affirmed convictions

for receipt and

possession of child

pornography and for

sexual exploitation of

a child; reversed

conviction for

distribution of child

38

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

pornography; vacated

the defendant’s

sentence and

remanded the case to

district court for

resentencing.

Child

Pornography

22-May-02

U.S. v.

Christopher

Shawn Deato

n, 4-

99cr00087-2 GH,

204 F. Supp. 2d

1181

Possession of child

porno

graphy

Pleaded guilty 57 months in

prison, three-year

term of supervised

release, $100

assessment

The defendant filed a

m

otion to correct his

sentence, asking the

court to eliminate the

restriction on access to

the Internet, a special

condition of

supervised release.

The U.S. District

Court of for the

Eastern District of

Arkansas, Western

Division granted the

motion.

Child

Pornography

2-Jul-02

U.S. v. Jonathan

M. Ta

mpico, 00-

20178, 297 F.3d

396

One count each of

possessing, receiving,

distributin

g,

reproducing child

pornography in

violation of 18 U.S.C.

§ 2252 - 18 U.S.C. §

2252A

District court

found defend

ant

guilty of counts

one through three

and not guilty of

count four

(reproducing child

pornography).

60 months of

incarcer

ation for

count one

(possession) and

360 months each

for counts two

(receiving) and

three (distributing)

child pornography,

to run concurrently

Defendant appealed

both co

nviction (on

constitutional grounds)

and sentencing. The

U.S. Court of Appeals

for the Fifth Circuit

affirmed conviction

and sentence.

39

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

26-Aug-02

U.S. v. Thomas

Reedy and Ja

nice

Reedy, 01-11042,

304 F.3d 358

As owners and

operators of a

co

mpany providing

computerized credit

card verification

services to Web

masters whose Web

sites contained adult

and child pornography,

the Reedys were

convicted of

transporting “visual

depictions” of “minors

engaging in sexually

explicit conduct” in

violation of 18 U.S.C.

§ 2252 and

transporting “child

pornography” in

violation of 18 U.S.C.

§ 2252A.

Convicted Janice Reedy was

resentenced t

o 168

months of

imprisonment and

three years of

supervised release

on each of 11

counts, sentences

running

concurrently.

Thomas Reedy

was resentenced to

180 months of

imprisonment and

three years of

supervised release

on each of 12

counts with the

sentences to

consecutively to

the extent

necessary to

produce a life

sentence.

The defendants

appealed their

convictions a

nd

sentences; the U.S.

Court of Appeals for

the Fifth Circuit

vacated and remanded

for resentencing only

and rejected the

defendants’ other

arguments. Janice

Reedy continued to

appeal; her sentence

was upheld.

Child

Pornography

18-Oct-02

U.S. v. Robert

Parish, 01-3

0017,

308 F.3d 1025

Two counts of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

two counts of

receiving child

pornography in

violation of 18 U.S.C.

Pleaded guilty to

two counts of

possession in a

plea agreement

Eight months in

prison foll

owed by

eight months of

home detention

with electronic

monitoring

The United States

appealed the 8-level

downward departure

from

the sentence

prescribed by the U.S.

Sentencing Guidelines

Manual. Finding no

abuse of discretion in

the district court’s

40

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

§ 2252A(a)(2) conclusion that the

defendant’s conduct

fell outside the

heartland of offense

and agreeing with the

district court that the

defendant was at high

risk for abuse in

prison, the U.S. Court

of Appeals for the

Ninth Circuit affirmed

the sentence.

Child

Pornography

25-Oct-02

U.S. v. Edward M.

Stulock, 02-

1401,

308 F.3d 922

One count of

knowingl

y receiving

child pornography in

violation of 18 U.S.C.

§ 2252A

Convicted 72 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

sentence.

Child

Pornography

5-Nov-02

U.S. v. Adam A.

Dean

, crim. No.

00-50-B-S, civil

no. 02-102-B-S,

231 F. Supp. 2d

382

Receiving, possessing,

and transporti

ng child

pornography in

violation of three

subsections of 18

U.S.C. § 2252A(a)

Convicted Three concurrent

prison term

s of 88

months

The defendant filed a

motion for habeas

relief on a single

ground. The defendant

argued that his

conviction was

improper in light of

the United States

Supreme Court’s

decision in Ashcroft v.

Free Speech Coalition,

535 U.S. 234 (2002).

The U.S. District

Court for the District

41

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

of Maine

recommended that the

motion be denied. The

conviction was

affirmed.

Child

Pornography

6-Dec-02

U.S. v. Aaron

Thompson

, 01-

30279, 315 F.3d

1071

Two counts of

distributio

n of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2) and one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 44 months of

im

prisonment

The government

appealed the

defendant’s sentence.

The U.S. Court of

Appeals for the Ninth

Circuit vacated the

sentence and

remanded.

Child

Pornography

3-Jan-03

U.S. v. George

Kelly, 02-206

4,

314 F.3d 908

11 counts of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B), one

count of shipping child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1)

Pleaded guilty; the

court rejected

defendant’s offer

to plead nolo

contendre to count

three (possession)

and count 12

(shipping) but

accepted guilty

pleas to both.

Defendant was

sentenced to 33

m

onths of

imprisonment,

three years of

supervised release,

$10,000 fine, and

$100 special

assessment on

count three only.

Count 12

(shipping) was

dismissed prior to

sentencing because

the charge was

based on the

distribution of

virtual child

The defendant

appealed, arguing that

the district court

lacked subjec

t matter

jurisdiction to convict

him because the child

pornography statute

was declared

unconstitutional in

Ashcroft v. Free

Speech Coalition, 535

U.S. 234 (2002).

However, the

defendant was

convicted of

possessing traditional

child pornography,

rather than virtual

42

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

pornography. The

U.S. Supreme

Court decided

Ashcroft v. Free

Speech Coalition,

535 U.S. 234

(2002), just prior

to sentencing.

child pornography;

therefore the U.S.

Court of Appeals for

the Seventh Circuit

affirmed the judgment

of the district court.

Child

Pornography

6-Jan-03

U.S. v. Jay

Marcus, 01-CR-

289-S-1-DR

H, 239

F.Supp. 2d 277

Knowingly and

intentionall

y 1)

distributing in

interstate commerce,

by computer, child

pornography; 2)

receiving in interstate

commerce, by

computer, child

pornography; and 3)

possessing material

that contains images of

child pornography that

had been transported in

interstate commerce by

computer in violation

of 18 U.S.C. §§

2252A(a)(2)(A) and

2252A(a)(5)(B)

Pleaded guilty

during trial

Not stipulated The defendant moved

to withdraw guilt

y

pleas. The U.S.

District Court for the

Eastern District of

New York denied the

motion.

Child

Pornography

7-Feb-03

U.S. v. David

Sromalski, 01-

4236

, 318 F.3d

748

Two counts of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty Not stipulated The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Seventh Circuit

43

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

vacated and remanded

the sentence.

Child

Pornography

17-Mar-03

U.S. v. Ronald

David Ellyson, 00-

4600

, 326 F.3d

522

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B),

(b)(2)

Convicted Not stipulated The defendant

appealed his

conviction on

the

grounds that law

enforcement officers

obtained the illicit

pornographic material

at issue through a

constitutionally

defective search of his

residence.

Additionally, the

defendant contended

that the district court’s

jury instructions failed

to comply with

Ashcroft v. Free

Speech Coalition, 535

U.S. 234 (2002),

which permitted the

jury to convict him on

unconstitutional

grounds. The U.S.

Court of Appeals for

the Fourth Circuit

ruled that the court’s

instructions were

erroneous under

Ashcroft v. Free

Speech Coalition and

therefore vacated and

44

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

remanded the

conviction.

Child

Pornography

8-Apr-03

U.S. v. Keith

Fields, 02-32

66,

324 F.3d 1025

Possession of child

porno

graphy; selling

child pornography in

violation of 18 U.S.C.

§ 2252(a)(3)(B)

Pleaded guilty to

the selling charge

57 months of

im

prisonment and

three-year term of

supervised release

The defendant

appealed two of the

special conditions of

his releas

e. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed the sentence.

Child

Pornography

9-Apr-03

U.S. v. Delbert R.

Holm, 02-13

89,

326 F.3d 872

One count of

possessing child

porno

graphy, in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Conditional guilty

plea

59 months of

im

prisonment;

$20,000 fine; post-

prison conditions

including

restrictions on

contact with

children and use of

the Internet

The defendant

appealed. The U.S.

Court of App

eals for

the Seventh Circuit

affirmed the

conviction but

remanded the case for

further consideration

of the sentence and

post-incarceration

conditions.

Child

Pornography

7-Jul-03

U.S. v. Randy C.

Kimler

, 02-3097,

335 F.3d 1132

One count of receiving

or distributi

ng, by

computer, images of

minors engaged in

sexually explicit

conduct in violation of

18 U.S.C. §

2252(a)(2), one count

of possession of such

images in violation of

18 U.S.C. §

Convicted 87 months of

im

prisonment

followed by three

years of

supervised release,

two special

conditions of

which were to

cooperate in the

collection of a

DNA sample and

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Tenth Circuit

affirmed the

conviction and

sentence.

45

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

2252(a)(4)(B), and

four counts of

distribution of such

images in violation of

18 U.S.C. §

d2252(a)(2)

to participate in a

sex offender

treatment pro

gram

Child

Pornography

30-Jul-03

U.S. v. Alois Larry

Wolk, Jr., 02-

1179

, 337 F.3d

997

One count of

transporting c

hild

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1) and

three counts of

possessing child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted Not stipulated The defendant

appealed his

conviction an

d

sentence; the primary

argument on appeal

was that the Supreme

Court decision in

Ashcroft v. Free

Speech Coalition, 535

U.S. 234 (2002),

required dismissal of

the indictment. He also

challenged the district

court’s denial of his

motion to suppress

evidence, his Batson

challenge, and his

objection to the

sentencing

enhancement. The

U.S. Court of Appeals

for the Eighth Circuit

found no error and

affirmed.

Child

Pornography

20-Aug-03

U.S. v. Kenneth J.

Raney, 02-2

086,

Traveling in interstate

co

mmerce for purpose

Convicted on both

counts

145 months of

imprisonment

The defendant

appealed his

46

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

342 F.3d 551 of engaging in a sexual

act with a minor in

violation of 18 U.S.C.

§ 2423(b) and

attempted manufacture

of child pornography

in violation of 18

U.S.C. § 2251(a) and

(e)

conviction. The U.S.

Court of App

eals for

the Seventh Circuit

affirmed.

Child

Pornography

9-Sep-03

U.S. v. Charles

M

ichael Ashley,

02-3931, 342 F.3d

850

1) receipt of

porno

graphic materials

involving minors in

violation of 18 U.S.C.

§ 2252(a)(2) and

(b)(1); 2) knowingly

possessing numerous

computer files

containing child

pornography in

violation of

unspecified law

Pleaded guilty to

count o

ne; count

two was dismissed

as part of plea

agreement.

135 months of

im

prisonment

(five-level

enhancement)

The defendant

appealed his sentence,

seeking review of the

five-level

enhancem

ent imposed

for a pattern of activity

involving the sexual

abuse or exploitation

of a minor. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed the sentence.

Child

Pornography

10-Sep-03

U.S. v. Steven

M

ichael Adams,

02-50196, 343 F3d

1024

Indicted for receiving

and possessing child

porno

graphy in

violation of 18 U.S.C.

§§ 2252(a)(2) and

2252(a)(4)(b)

Defendant moved

to dism

iss the

indictment, then

conditionally

pleaded guilty to

one count of

possession but

reserved the right

to challenge the

constitutionality of

the statute.

Not stipulated On appeal, the U.S.

Court of App

eals for

the Ninth Circuit

affirmed the district

court’s conviction.

U.S. Supreme Court:

certiorari denied.

47

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

26-Sep-03

U.S. v. David J.

Gunderson, 01-

1311

, 345 F.3d

471

Indicted for possessing

child por

nography on a

computer hard drive

(count 1) in violation

of 18 U.S.C. §

2252A(a)(5)(B);

shipping child

pornography in

interstate commerce

(count 2) in violation

of 18 U.S.C. §

2252A(a)(5)(B); and

criminal forfeiture

(count 3) in violation

of 18 U.S.C. § 2253

Defendant pleaded

guilt

y to count one

and agreed to the

forfeiture sought

in count three. In

exchange for the

guilty plea, the

government

dropped count

two.

As a result of a

prior conv

iction,

the defendant’s

base offense level

was enhanced five

levels to a 120-

month prison term.

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Seventh Circuit

affir

med the sentence.

Child

Pornography

6-Nov-03

U.S. v. Chance

Rearden, 02-

5031

1, 349 F.3d

608

Shipping pornography

over the Inter

net in

violation of 18 U.S.C.

§ 2252A(a)(1)

Convicted 51 months of

imprisonment

followed by an

unspecified term

of supervised

release; $10,000

fine

The defendant

appealed his sentence

contending

insufficient

evidence that an image

of an actual child was

involved in his offense

(Ashcroft v. Free

Speech Coalition, 535

U.S. 234 (2002)). The

U.S. Court of Appeals

for the Ninth Circuit

affirmed the sentence.

Child

Pornography

25-Nov-03

U.S. v. Harry Dale

Peterson, 2:03-

0118

, 294 F. Supp.

2d 797

Indicted for knowingly

possessing a co

mputer,

computer disks, and

other materials that

contained images of

Defendant moved

to dismiss

indictment on the

grounds that the

statute is

Not stipulated The defendant

appealed. The U.S.

Court of Appeals for

the Fourth Circuit

affirmed the judgment

48

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

child pornography that

had been mailed,

shipped, and

transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

unconstitutional

under the Firs

t and

Fifth Amendments

to the U.S.

Constitution;

district court

denied motions to

dismiss indictment

and suppress

evidence.

of the district court.

Child

Pornography

22-Jan-04

U.S. v. Martin C.

Mye

rs, 02-3497,

355 F.3d 1040

Receiving in interstate

co

mmerce images of

children engaged in

sexually explicit

conduct in violation of

18 U.S.C. § 2252(a)(2)

and possession of three

or more images of

children engaged in

sexually explicit

conduct which had

been transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty to

two counts of

a

four-count

indictment

42 months of

imprisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Seventh Circuit

affirmed the sentence.

Child

Pornography

3-Feb-04

U.S. v. Justin

Wayne Matth

ews,

CR-02S-549-M,

300 F.Supp. 2d

1220

Two-count indictment

charging sexual

exploitation o

f a minor

in violation of 18

U.S.C. § 2251(a) and

possession of child

pornography in

Conditionally

pleaded guilty

Not stipulated The defendant entered

a motion to reconsider

his motion to dismiss

the indictment. The

U.S. District Court for

the Northern District

of Alabama, Middle

49

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Division, granted the

defendant’s motion to

dismiss. On June 14,

2006, the U.S. Court

of Appeals for the

Eleventh Circuit

reconsidered that

decision on remand

from the Supreme

Court in light of

Gonzales v. Raich, 545

U.S.1 (2005), deciding

that dismissal of

possession charges

under 18 U.S.C. §

2252A(a)(5)(B) was

incorrect. The case

was vacated and

remanded (see 184

Fed. Appx. 868).

Child

Pornography

3-Feb-04

U.S. v. Brian

Francis Joyc

e, 02-

30423,357 F.3d

921

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty and

waived right t

o

appeal

27 months of

imprisonment

followed by a

three-year term of

supervised release

with special

conditions,

including

restricted Internet

access and

computer use

The defendant

appealed the

conditions of

his term

of supervised release

restricting his Internet

access and computer

use. The U.S. Court of

Appeals for the Ninth

Circuit dismissed the

appeal for lack of

jurisdiction (defendant

waived his right to

appeal).

50

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

12-Feb-04

U.S. v. Mark A.

Harris, 03-13

42,

358 F. 3d 221

Two counts of

violating 18 U.S.C.

§

2251 and 18 U.S.C. §

2252A(a)(5)(B)

The defendant

pleaded guilty

after his motion to

dismiss the

indictment was

denied.

Not stipulated The defendant

appealed the judgm

ent,

asserting that 18

U.S.C. §

2252A(a)(5)(B) is

unconstitutional. The

U.S. Court of Appeals

for the Second Circuit

affirmed the district

court’s judgment.

Child

Pornography

2-Mar-04

U.S. v. Robert

Robinson, 03-

1403

, 359 F.3d 66

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Conditional guilty

plea

27 months of

imprisonment

followed by three

years of

supervised release

The defendant

appealed the district

court’s denial of his

motion to suppress all

evidence seized from

his residence. The U.S.

Court of Appeals for

the First Circuit

affirmed the district

court’s ruling, and

therefore the

conviction and

sentence.

Child

Pornography

30-Mar-04

U.S. v. Brandon

Michael Lifshitz,

03-12

21, 369 F.3d

173

Indicted on two counts

of receipt and

distributio

n of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A)

Pleaded guilty to

receipt;

governm

ent

dropped the

distribution charge

in the plea

agreement.

Three years of

probation with

conditions

The defendant

appealed the co

mputer

monitoring condition

of his probation. The

U.S. Court of Appeals

for the Second Circuit

vacated the condition

and remanded for the

imposition of a

51

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

condition consistent

with its opinion.

Child

Pornography

1-Apr-04

U.S. v. Samuel

Alan M

orton, 02-

16809, 364 F.3d

1300

One count of

attem

pting to distribute

CP in interstate

commerce in violation

of 18 U.S.C. §

2252A(a)(1); one

count of attempting to

receive or reproduce a

visual depiction of

minors engaging in

sexually explicit

conduct in violation of

18 U.S.C. §

2252A(a)(2);

attempting to possess

computer equipment

containing visual

depictions of minors

engaging in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252A(a)(4);

knowingly attempting

to use a means of

interstate commerce to

entice a minor to

engage in sexual

activity in violation of

18 U.S.C. § 2422(b)

In a plea

agree

ment,

pleaded guilty to

counts one, three,

and four

148 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the sentence.

52

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

2-Jun-04

U.S. v. William

Kise

, 02-4693, 369

F.3d 766

Two counts of sexual

exploitation o

f

children in violation of

18 U.S.C. § 2251(a)(b)

Pleaded guilty 240 months of

imprisonment for

count one and 125

months for count

two, to run

consecutively for a

total of 365

months, plus a

three-year term of

supervised release

The defendant

challenged hi

s

sentences. The U.S.

Court of Appeals for

the Fourth Circuit

vacated the sentences

and remanded the case

for resentencing.

Child

Pornography

13-Jul-04

U.S. v. Wesley

George Thorn, 03-

3615

, 375 F.3d

679

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B) and

(b)

Conditional guilty

plea

27 months of

im

prisonment

followed by three

years of

supervised release

The defendant

appealed the district

court’s denial of his

motion to suppress

evidence. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed.

Child

Pornography

19-Jul-04

U.S. v. Tery

Johnson

, 03-2183,

376 F.3d 689

Three-count

indictm

ent including

one count of

attempting to employ,

use, persuade, induce,

and entice a person

believed to be a minor

to engage in sexually

explicit conduct for the

purpose of producing a

visual depiction of

such conduct in

violation of 18 U.S.C.

§ 2251(a) and (c)

Pleaded guilty 120 months of

im

prisonment

The defendant

appealed the district

court’s denial of his

motion challenging the

constitutionality of 18

U.S.C. § 2251. The

U.S. Court of Appeals

for the Seventh Circuit

affirmed the district

court’s decisions.

53

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

6-Aug-04

U.S. v. Danny

Eugene O’Daniel,

02-CR-159-H

, 328

F. Supp. 2d 1168

Six counts of knowing

transportation of a

visual depiction

involv

ing a child

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)

Pleaded guilty 63 months of

im

prisonment

N/A

Child

Pornography

11-Aug-04

U.S. v. Michael

Albert Cervin

i, 03-

6144, 379 F.3d

987

One count of shipping

child por

nography in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(1) and one

count of possession of

child pornography that

was transported in

interstate commerce by

means of a computer

in violation of 18

U.S.C. §

2252A(a)(5)(B)

The defendant

pleaded guilt

y to

the second count

in a conditional

plea agreement

that dismissed the

first count.

27 months of

im

prisonment and

three years of

supervised release

The defendant

appealed, arguing that

the district court erred

in den

ying his motion

to suppress and his

request for an

evidentiary hearing.

The U.S. Court of

Appeals for the Tenth

Circuit affirmed on

both grounds. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

16-Aug-04

Thomas

Richardson v.

U.S., 02-3786, 379

F.3d 485

One count of receiving

child por

nography in

violation of 18 U.S.C.

§ 2252(a)(2) and one

count of possession

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty 108 months of

im

prisonment

The defendant

appealed, challenging

his sentence. The U.S.

Court of Appeals for

the Seventh Circuit

affirmed the sentence.

The defendant then

moved to vacate, set

aside, or correct his

sentence, arguing that

his trial counsel was

54

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

constitutionally

ineffective. The

district court denied

the motion, holding

that he procedurally

defaulted his claim.

The appellate court

found that the

defendant correctly

argued that he did not

procedurally default

but affirmed the

district court’s denial

because the defendant

failed to show his

counsel was

ineffective.

Child

Pornography

22-Sep-04

U.S. v. David

Malik, 03-34

04,

385 F.3d 758

Receipt of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty to

both co

unts

30 months of

imprisonment

The government

appealed the sentence.

The district court

sentenced the

defendant under U.S.

Sentencing Guidelines

Manual 2G2.2, but the

government argued

that if 2G2.4 had been

used, the defendant

would have received a

sentence of 37 to 46

months. The U.S.

Court of Appeals for

the Seventh Circuit

vacated and remanded

55

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

the sentence.

Child

Pornography

27-Sep-04

U.S. v. David

Hilton, 03-

1741,

386 F.3d 13

One count of

possession of

co

mputer disks, tapes,

and other material that

contained three or

more images of child

pornography that had

been transported via

the Internet in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 40 months of

im

prisonment

The defendant sought

and was granted post-

conviction relief in

light of the Supreme

Court’s decision in

Ashcroft v. Free

Speech Coalition, 535

U.S. 234. The

government appealed.

The U.S. Court of

Appeals for the First

Circuit affirmed the

grant of relief vacating

the defendant’s

conviction because the

habeas court correctly

held that the trial court

did not find every

element of the crime.

Child

Pornography

25-Oct-04

U.S. v. John

Patrick Farre

lly,

03-5825/5928

Charged with one

count of receiving

child por

nography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

one count of

possessing child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Jury found him

guilt

y of count one

(receipt) and

acquitted him of

count two

(possession).

57 months of

im

prisonment

The defendant

appealed the

conviction and

sentence. The U.S.

Court of Appeals for

the Sixth Circuit court

affirmed his

conviction but

reversed and remanded

the case for

resentencing.

56

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

3-Dec-04

U.S. v. Gary

Belflower, 04-

1450

, 390 F.3d

560

One count of

knowingl

y transporting

in interstate commerce,

by means of a

computer, visual

depictions of minors

engaged in sexually

explicit conduct, in

violation of 18 U.S.C.

§ 2252(a)(1) and

(b)(1); and one count

of possession of visual

depictions of minors

engaged in sexually

explicit conduct, in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 63 months of

im

prisonment for

count one and 60

months for count

two, with the

terms running

concurrently. The

Presentence

Report

recommended a

four-level

enhancement to

Belflower’s

offense level, to

which Belflower

objected. The

court overruled his

objection.

Belflower appealed the

enhancem

ent of his

sentence. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed his sentence.

A rehearing was

denied.

Child

Pornography

3-Dec-04

U.S. v. Jorge L.

Pabon-Cruz, 03-

1457

, 391 F.3d 86

Advertising and

distributin

g child

pornography over the

Internet in violation of

18 U.S.C. §

2251(c)(1)(A) and 18

U.S.C. §

2252A(a)(2)(B)

Convicted 120 months of

im

prisonment

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

the Second Circuit

affirmed the

conviction, vacated the

sentence, and

remanded for

resentencing.

Child

Pornography

8-Dec-04

U.S. v. Michael

W

ayne Granger,

03-4183, 117 Fed.

Transporting and

shipping

images of

child pornography

Pleaded guilty 180 months of

imprisonment,

three years of

The defendant

challenged the

condition forbidding

57

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Appx. 247 contained on computer

diskettes and stored on

the hard drive of a

computer in violation

of 18 U.S.C. §

2252A(a)(1)

supervised release

with conditions,

including severe

lim

its on the use of

computers

him to use any

co

mputer attached to a

network, arguing that

the condition was

overbroad. The U.S.

Court of Appeals for

the Fourth Circuit

disagreed and affirmed

the sentence.

Child

Pornography

15-Dec-04

U.S. v. James F.

Bidwell, 03-1

4790,

393 F.3d 1206

The state of Georgia

charged the d

efendant

with 10 counts of

sexual abuse in

violation of state code;

the U.S. Government

charged the defendant

with one count of

sexual exploitation of a

child in violation of 18

U.S.C. § 2251(a) and

two counts of

transporting child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1)

Convicted The State of

Georgia sente

nced

the defendant to

30 years of

imprisonment. The

District Court for

the Northern

District of Georgia

sentenced the

defendant to 15

years of

imprisonment, to

run consecutively

to his state

sentence.

The defendant

appealed his sentences,

arguing that the district

court erred in

ordering

his federal sentence to

run consecutively with

his state sentence. The

U.S. Court of Appeals

for the Eleventh

Circuit affirmed the

sentences.

Child

Pornography

23-Dec-04

U.S. v. Michael

Aaron W

ilson, 04-

30002, 119 Fed.

Appx. 117

Production of child

porno

graphy in

violation of 18 U.S.C.

§ 2251(a)

Convicted 15 years of

im

prisonment

The defendant

appealed his

conviction and

sentence on the

grounds that the search

of his computer

exceeded the scope of

58

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

the warrant and that

the district court erred

in imposing a 15-year

mandatory minimum

sentence based on a

prior state conviction

that had been

expunged. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed the

conviction and

sentence.

Child

Pornography

27-Jan-05

U.S. v. Lawrence

Antelope, 03-

3033

4 and 03-

30557

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty Five years of

probation init

ially,

then 30 months in

prison;

resentenced to 20

months in prison

followed by three-

year term of

supervised release

with conditions

The defendant and the

governm

ent appealed

the initial sentence.

With appeal pending,

the district court

revoked the sentence

for defendant’s failure

to comply with several

probation conditions

and sentenced him to

30 months in prison.

The defendant again

appealed. The U.S.

Court of Appeals for

the Ninth Circuit

reversed in part and

remanded the case for

resentencing, which

resulted in a 20-month

prison term followed

59

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

by three-years of

supervised release.

The defendant

continued to appeal;

ultimately, the

appellate court

reversed the district

court decision to

revoke supervised

release, vacated and

remanded the

imposition of a release

term prohibiting

access to any

pornographic

materials, and affirmed

the release term

prohibiting access to

any online computer

service.

Child

Pornography

9-Feb-05

U.S. v.

Christopher

Surdow, 0

4-2459-

cr, 121 Fed. Appx.

898

Distributing,

atte

mpting to receive,

and possessing child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

(5)(B)

Convicted Not stipulated The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Second Circuit

affirmed the

conviction and

remanded for further

sentencing procedures.

Child

Pornography

14-Mar-05

U.S. v. Dale

Robert Bach, 04-

All counts committed

in interstate or foreign

Convicted of

possessing visual

180 months of

imprisonment on

Defendant appealed,

arguing there was no

60

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

1211, 400 F.3d

622

commerce: 1)

possessing visual

depictions produced

using a minor engaged

in sexually explicit

conduct in violation of

18 U.S.C. §

2252(a)(4); 2)

possessing child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5); 3)

transmitting child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1); 4)

transmitting a visual

depiction produced

using a minor engaged

in sexually explicit

conduct in violation of

18 U.S.C. §

2252(a)(1); 5)

receiving visual

depictions produced

using a minor engaged

in sexually explicit

conduct in violation of

18 U.S.C. §

2252(a)(2); 6)

receiving child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2); 7)

depictions of a

minor engaged in

sexually

explicit

activity,

transporting such

an image, using a

minor to produce

such material,

receipt of child

pornography, all

in interstate or

foreign commerce

the manufacturing

count; 1

21 months

on each of three

other counts, to

run concurrently

probable cause for

searching his

residence; tha

t his

convictions were

constitutionally infirm;

and the district court

erred when it applied a

mandatory minimum

sentence on the

manufacturing count.

The Court of Appeals

for the Eighth Circuit

affirmed district court

and denied a

rehearing. U.S.

Supreme Court:

certiorari denied.

61

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

employing a minor to

produce visual

depictions involving

sexually explicit

conduct in violation of

18 U.S.C. § 2251(a);

forfeiture

Child

Pornography

16-Mar-05

David J. Oakes v.

U.S., 02-

2640, 400

F.3d 92

Knowingly receiving

child por

nography and

knowingly possessing

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

(5)(B)

Pleaded guilty to

one of the tw

o

counts

54 months of

imprisonment

The defendant

appealed a dismissal of

his petition to vacate

his conviction and

sentence. The U.S.

Court of Appeals for

the First Circuit

vacated the judgment

and remanded the case

for further

proceedings.

Subsequently, post-

conviction relief was

denied on remand at

U.S. v. Oakes, 2006

U.S. Dist. LEXIS 2195

(D. Me., Jan. 20,

2006).

Child

Pornography

22-Mar-05

U.S. v. Eric Neil

Angevine, 04-

6143

, 124 Fed.

Appx. 632

Two-count indictment

charged Angevine with

possession of child

porno

graphy on his

computer at his place

of employment in

violation of 18 U.S.C.

Conditional guilty

plea to count

2

51 months of

incarceration;

$18,000 fine; three

years of

supervised

released; $100

special assessment

Defendant appealed,

arguing that the results

of the search of his

co

mputer should have

been suppressed; this

motion was denied and

then affirmed, and the

62

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

§ 2252A(a)(5)(B). U.S. Supreme Court

denied certiorari. The

defendant-appellant

then appealed to

vacate his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the sentence.

Child

Pornography

30-Mar-05

U.S. v. Timothy

Wa

les, 04-8071,

127 Fed. Appx.

424

One count of

attem

pting to entice a

minor to engage in

illegal sexual activity

in violation of 18

U.S.C. § 2422(b) and

one count of attempted

child sexual

exploitation in

violation of 18 U.S.C.

§ 2251(a) and (d)

Convicted 180 months of

im

prisonment on

first count and 188

months on second

count, served

concurrently;

three-year term of

supervised release;

$250 fine; $100

special assessment

The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Tenth Circuit

affirmed.

Child

Pornography

11-Apr-05 In Re: Grand Jury

Subpoena Duces

Tecum to John

Doe 1, John Doe

1, and In Re:

Grand Jury

Subpoena Duces

Tecum to John

Doe 2, John Doe

2, 05-Mc-014, 05-

MC-015, 368 F.

Supp. 2d 846

John Doe petitioners

were served with

subpoenas duces te

cum

to testify before a

federal grand jury and

to bring records

pertaining to

performers used in

certain films, in

violation of 18 U.S.C.

§ 2257.

Motion to quash

subpoenas

Not stipulated Petitioners moved to

quash the subpoenas,

arguing t

hat they

violated their Fifth

Amendment rights to

be free from self-

incrimination. The

court decided that the

Fifth Amendment

privilege against self-

incrimination did not

apply to records that

63

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

were required to be

kept pursuant to a

valid regulatory

scheme. However, this

required records

exception only applied

where the purpose of

the government’s

inquiry was regulatory,

and not criminal. 18

U.S.C. § 2257 was not

regulatory, but rather

part of a

comprehensive,

criminal enforcement

scheme enacted to

combat child

pornography. The

court granted the

motion to quash.

Child

Pornography

19-Apr-05

U.S. v. James

Riccardi, 03-

3132,

405 F.3d 852

Two counts of

possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B) and

two counts of

attempting to persuade,

entice, or coerce a

minor to engage in

illegal sex acts in

violation of 18 U.S.C.

§ 2422(b)

Convicted 262 months in

prison

The defendant

appealed. The U.S.

Court of App

eals for

the Tenth Circuit

affirmed. U.S.

Supreme Court:

certiorari denied and

post-conviction relief

denied.

64

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

19-Apr-05

U.S. v. Thomas M.

Cunning

ham, 03-

3006, 405 F.3d

497

One count of

producin

g child

pornography in

violation of 18 U.S.C.

§ 2251(a)

Convicted 210 months of

im

prisonment

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

the Seventh Circuit

affirmed the

conviction and

sentence.

Child

Pornography

1-Jun-05

U.S. v. Paul

Cieslows

ki, 03-

2893, 410 F.3d

353

10-count indictment

violating 18 U.S.C.

§§

2251(a),

2252A(a)(5)(B), and

2252A(a)(2)(A).

Separate indictment in

Circuit Court of

DuPage County,

Illinois on charges of

predatory criminal

sexual assault and

possession of child

pornography stemming

from same facts and

circumstances alleged

in the federal

indictment.

Pleaded guilty in

federal ca

se to one

count engaging in

sexually explicit

conduct with a

minor for the

purpose of

producing visual

depictions, in

exchange for

government’s

dismissal of other

nine counts.

210 months of

im

prisonment as

agreed upon in

plea agreement

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Seventh Circuit

affir

med the

conviction and

sentence.

Child

Pornography

9-Jun-05

U.S. v. Donald

Ray Williams, 04-

6191

, 411 F.3d

675

Receipt or distribution

of child p

ornography

in violation of 18

U.S.C. § 2252(a)(2)

and possession of child

pornography in

Pleaded guilty Not stipulated The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Sixth

Circuit rem

anded the

case for resentencing.

65

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Child

Pornography

15-Jun-05

U.S. v. Martin

Garcia, 04-8

012,

411 F.3d 1173

Charged with interstate

transportation of child

porno

graphy, in

violation of 18 U.S.C.

§ 2252A(a)(1) and

(b)(1)

Pleaded guilty 97 months of

i

mprisonment after

applying two

sentence

enhancements and

one sentence

reduction

The defendant

appealed his sentence

on the gr

ounds that the

district court erred in

two instances

regarding the

sentencing guidelines

and that his sentence

was unconstitutional in

light of U.S. v. Booker.

The U.S. Court of

Appeals for the Tenth

Circuit rejected the

defendant’s arguments

with regard to the

sentencing guidelines

but ruled that there

was indeed an error

under Booker. The

case was vacated in

light of Booker and

remanded to the

district court for

resentencing.

Child

Pornography

23-Jun-05

U.S. v. Hector

Vasquez, 03-

10268

and 04-10148, 137

Fed. Appx. 44

Multiple counts of

possession and

distributio

n of child

pornography (exact

number unclear; at

least 30 counts)

Convicted Not stipulated The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Ninth Circuit

66

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

affirmed the

convictions but

remanded for

resentencing. The

district court

determined not to

resentence. The

appellate court

affirmed the district

court’s determination

in the defendant’s

appeal after remand

(U.S. v. Vasquez 200

Fed. Appx. 675).

Child

Pornography

24-Jun-05

U.S. v. Robert A.

Noda

, 04-3274,

137 Fed. Appx.

856

Aiding and abetting

the receipt and the

possession of child

porno

graphy by

computer in violation

of 18 U.S.C. § 2252(a)

Convicted Unclear; a two-

level enhancement

was applied a

t

sentencing

The defendant

appealed his

convictions. The

U.S.

Court of Appeals for

the Sixth Circuit

affirmed the

convictions but

vacated the sentence

because it had been

imposed in violation of

the Sixth Amendment.

The appellate court

remanded the case for

resentencing.

Child

Pornography

28-Jun-05

U.S. v. Kenneth

Hamilton, 04-

4091

, 413 F.3d

1138

Transporting child

porno

graphy in

interstate commerce in

violation of 18 U.S.C.

Convicted 24 months of

imprisonment

The defendant filed a

post-verdict motion for

the judgment of

acquittal, which the

67

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

§ 2252A(a)(1) district court denied.

Following sentencing,

the defendant

appealed. The U.S.

Court of Appeals for

the Tenth Circuit

affirmed the

conviction.

Subsequently, post-

conviction relief was

denied February 25,

2008.

Child

Pornography

29-Jun-05

U.S. v. Gerald

Bailey, CR-04-89-

B-W, 377 F.

Supp.

2d 268

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(5)(B)

Pleaded guilty Unclear Defendant entered a

Motion for Downward

Departure for Aberrant

Behavior, which the

U.S. District

Court for

the District of Maine

denied.

Child

Pornography

29-Jun-05 U.S. v. Brian Bass,

04-6049, 411 F.3d

1198

Five counts of

knowing possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 37 months of

im

prisonment and

three years of

supervised release

(vacated on

appeal)

The U.S. Court of

Appeals for the Tenth

Circuit affir

med the

defendant’s

convictions but

remanded the case for

resentencing. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

30-Jun-05

U.S. v. Donald

Daye Storer, 04-

2868

, 413 F.3d

Possession of child

porno

graphy in

violation of 18 U.S.C.

Pleaded guilty 240 months of

imprisonment

The defendant

appealed his sentence.

The U.S. Court of

68

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

918 § 2252A(a)(5)(B) Appeals for the Eighth

Circuit vacated the

sentence and

remanded for

resentencing, guided

by U.S. v. Booker, 543

U.S. 220.

Child

Pornography

5-Jul-05

U.S. v. Larry G.

Rowe, 04-11

42-cr,

414 F.3d 271

Advertising to receive,

exchange, or

distribute

child pornography in

violation of 18 U.S.C.

§ 2251(c) (now

designated 2251(d))

Convicted 10 years of

im

prisonment

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

the Second Circuit

affirmed the

conviction, vacated the

sentence, and

remanded for

resentencing.

Child

Pornography

12-Jul-05

U.S. v. John D.

Ohlinger, 03-

3380

, 141 Fed.

Appx. 470

Transporting in

interstate co

mmerce a

visual depiction of a

minor engaged in

sexually explicit

conduct in violation of

18 U.S.C. § 2252(a)(1)

Pleaded guilty 360 months of

im

prisonment

The defendant

appealed his sentence

and under a limited

remand pursuant to

U.S. v. Paladino, 401

F.3d 471 (7th Cir.

2005), the district

judge reported he

would have imposed

the same sentence

under an advisory

guidelines regime. The

U.S. Court of Appeals

for the Seventh Circuit

69

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

affirmed the sentence.

The defendant then

filed a petition for a

rehearing. The

appellate court again

affirmed the sentence.

Post-conviction relief

denied at Ohlinger v.

U.S., 2007 U.S. Dist.

LEXIS 5930 (W.D.

Wis., Jan. 26, 2007).

Child

Pornography

15-Jul-05

U.S. v. Gary

Foster

, 04-1089,

139 Fed. Appx.

286

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 51 months of

imprisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the First

Circuit affirmed the

sentence.

Child

Pornography

10-Aug-05

U.S. v. Francis

Macke

y Davison,

III, 04-13428, 146

Fed. Appx. 331

Possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B) and

(b)(2)

Pleaded guilty 120 months of

imprisonment

The defendant

appealed his sentence,

arguing that the district

court erred by

imposing an enhanced

sentence based on a

prior state conviction

for lewd conduct,

which was not charged

in the indictment. The

U.S. Court of Appeals

for the Eleventh

Circuit affirmed the

sentence. Post-

conviction relief

70

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

denied at Davison v.

U.S., 2008 U.S. Dist.

LEXIS 11852 (M.D.

Fla., Feb. 19, 2008).

Child

Pornography

17-Aug-05

U.S. v. Douglas

Iles Jr., 2:05cr48,

384 F.S

upp. 2d

901

Knowingly

transporting c

hild

pornography by

computer in interstate

commerce in violation

of 18 U.S.C. §

2252A(a)(1)

Pleaded guilty 63 months of

im

prisonment

(two-level

enhancement for

distribution of

child

pornography)

N/A

Child

Pornography

17-Aug-05

U.S. v. Michael

McCu

tchen, 04-

3498, 419 F.3d

1122

Knowingly possessing

child por

nography

transported in

interstate commerce by

computer in violation

of 18 U.S.C. §

2252(a)(4)(B) and

knowingly and

intentionally receiving

child pornography

transported in

interstate commerce by

computer in violation

of 18 U.S.C. §

2252(a)(2)

Pleaded guilty to

possession charge

120 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Tenth

Circuit affirmed.

Child

Pornography

18-Aug-05

U.S. v. Willie

Coreas, 03-1

790-

cr, 419 F.3d 151

10 counts of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted Concurrent terms

of 27 months of

imprisonment for

each count

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

71

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

the Second Circuit

affirmed the

conviction, but

remanded for further

proceedings consistent

with U.S. v. Crosby,

397 F.3d 103 (2d Cir.

2005).

Child

Pornography

4-Oct-05

U.S. v. David T.

Ma

rk, 04-3737,

425 F.3d 505

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty 30 months of

im

prisonment

followed by three

years of

supervised release

with special

conditions

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affir

med the

prison term but

remanded the case for

further proceedings,

finding the record

insufficient to uphold

the special condition

concerning access to

the Internet.

Child

Pornography

7-Oct-05

U.S. v. Douglas

Long

, 04-1721,

425 F.3d 482

One count of

possession of child

porno

graphy and one

count of criminal

forfeiture in violation

of 18 U.S.C. §

2252A(a)(5)(B) and 18

U.S.C. § 2253

Pleaded guilty 96 months of

im

prisonment and

criminal forfeiture

of specified

property

The defendant

appealed his sentence

and the denia

l of his

motion to suppress.

The U.S. Court of

Appeals for the

Seventh Circuit

affirmed the denial of

the defendant’s motion

to suppress and the

calculations under the

72

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

sentencing guidelines,

but ordered a limited

remand regarding the

sentence.

Child

Pornography

14-Oct-05

U.S. v. Harry Dale

Peterson, 04-4326

,

145 Fed. Appx.

820

One count of

knowingl

y possessing

images of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 27 months of

imprisonment and

three years of

supervised release

The defendant’s

attorney filed a brief

raising the issue of

whether the sentence

was unconstitutional in

light of Blakely v.

Washington. The U.S.

Court of Appeals for

the Fourth Circuit

affirmed the sentence.

Child

Pornography

1-Nov-05

U.S. v. Jason M.

Mo

riarty, 04-

13683, 429 F.3d

1012

One count of

atte

mpting to receive

and receiving with

intent to sell child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A),

(a)(4)(B), and (b)(1);

one count of

attempting to possess

and possessing child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2); and one count

of receiving and

possessing with intent

to distribute an

Pleaded guilty 20 years of

im

prisonment;

lifetime term of

supervised release;

$300 fine

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affir

med in part,

vacated in part, and

remanded.

73

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

obscene visual

depiction of a minor

engaging in sexually

explicit conduct in

violation of 18 U.S.C.

§1466A(a)(1) and (2)

Child

Pornography

9-Nov-05

U.S. v. Stanley

Howard Sims

, 03-

2151 and 03-2177,

428 F.3d 945

1) attempting to coerce

and entice a minor to

engage in sexual acts;

2) traveling i

n

interstate commerce

for purpose of

engaging in sexual acts

with a minor; 3)

transporting material

involving exploitation

of minors; 4) receiving

material involving the

sexual exploitation of

minors, in violation of

18 U.S.C. §§ 2241(c),

2252(a)(1), and

2252(a)(2)

Convicted of

counts one, t

wo,

and three; the

district court

entered a

judgment of

acquittal on count

four.

37 months of

im

prisonment and

a $10,000 fine

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

the Tenth Circuit

affirmed the

conviction but

reversed his sentence

and remanded the case

for resentencing.

Child

Pornography

14-Nov-05

U.S. v. Jade

Destio, 04-31

10,

153 Fed. Appx.

888

One count of

possessing visual

depictions of

minors

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(4)(B); one

count of production of

child pornography in

Pleaded guilty to

count two; co

unt

one dismissed

according to plea

agreement

36-month prison

term

The defendant

appealed his

conviction and

sentence on multiple

grounds. The U.S.

Court of Appeals for

the Third Circuit

affirmed judgment of

district court.

74

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

violation of 18 U.S.C.

§ 2251(a)

Child

Pornography

23-Nov-05

U.S. v. Dennis

Lane Goff,

05-

50230, 155 Fed.

Appx. 773

Five counts of

shipping

or

transporting visual

depictions of minors

engaging in sexually

explicit conduct; nine

counts of receiving

such depictions; and

one count of

possession of such

depictions, in violation

of 18 U.S.C. §

2252(a)(1), (a)(2), and

(a)(4)(A)

Convicted Concurrent 120

m

onths of prison

terms and

concurrent three

years of

supervised release

The defendant

appealed, arguing that

there was ins

ufficient

evidence to support his

convictions. The U.S.

Court of Appeals for

the Fifth Circuit

affirmed the

convictions.

Child

Pornography

25-Nov-05

U.S. v. John A.

Shafer

, 04-3101,

429 F.3d 789

Three offenses in

violation

of 18 U.S.C.

§ 2252(a)(1), (2), and

(4)

Pleaded guilty Initially sentenced

to 137 months of

imprisonment to

run consecutively

to an undischarged

state sentence (life

plus seven years)

resulting from a

53-count

(defendant pleaded

guilty to 31

counts) indictment

of rape, incest,

sodomy, and child

abuse charges. The

defendant raised a

The defendant

appealed. The U.S.

Court of App

eals for

the Eighth Circuit

affirmed the 137-

month sentence.

75

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Blakely objection

at the sentencing

hearing, to which

the district court

responded with an

alternative

consecutive

sentence of 180

months, which

would make him

eligible for parole

in 13 years.

Child

Pornography

1-Dec-05

U.S. v. Jimmy

Dwayne M

orell,

05-1586, 429 F.3d

1161

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§§ 2252A(a)(5)(B) and

2256(2), (8)(a)

Pleaded guilty 92 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

sentence.

Child

Pornography

19-Dec-05

U.S. v. Jan Elijah

Rogers

, 05-1455-

cr, 165 Fed. Appx.

873

Two counts of

advertising to receive,

exchange, and

distribute chil

d

pornography in

violation of 18 U.S.C.

§ 2251 and one count

of transporting child

pornography by

computer in violation

of 18 U.S.C. § 2252A

Convicted 20 years of

im

prisonment;

lifetime term of

supervised release;

$300 fine

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Second Circuit

affirmed the judgment

of the district court.

U.S. Supreme Court:

certiorari denied.

Child

Pornography

21-Dec-05

U.S. v. David

Stephenson, 04-

Two counts of

transmitting images of

Pleaded guilty to

count one,

108 months of

imprisonment and

The defendant

appealed his sentence.

76

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

1519, 159 Fed.

Appx. 50

child pornography in

interstate commerce

and one count of

possession of child

pornography, in

violation of 18 U.S.C.

§ 2252A(a)(1) and

(a)(5)(B)

government

dism

issed counts

two and three

five years of

supervised release

The U.S. Court of

Appeals for the Tenth

Circuit remanded the

case for resentencing.

Child

Pornography

28-Dec-05

Free Speech

Coalition, et

al. v.

Alberto Gonzales,

05-cv-01126-

WDM-BNB, 406

F. Supp. 2d 1196

Plaintiffs, an adult

entertain

ment

association, movie

producer, and

distributor, filed a

motion for a

preliminary injunction

against the

enforcement of 18

U.S.C. § 2257(h) by

defendant Attorney

General of the United

States (AG) in

violation of their

privacy and First

Amendment rights.

Enjoin

enforcem

ent

Not stipulated The court held the

statute was not

enforceable as to

secondary producers

who had no contact

with performers. The

court granted in part

the motion for a

preliminary injunction,

conditioned on bond,

and enjoined the AG

from enforcing the

statute and regulations

against the distributor,

producer, and

association members

to the extent they did

not have direct contact

with performers.

Child

Pornography

6-Jan-06

U.S. v. Thomas

Mick

elson, 05-

2324, 433 F.3d

1050

1) receiving child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2)(A); 2)

possessing child

Pleaded guilty to

count one

51 months of

imprisonment

followed by three

years of

supervised release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed.

77

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

with conditions

Child

Pornography

12-Jan-06

U.S. v. Randall

Steven Eichert, 05-

5028

8, 168 Fed.

Appx. 151

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Conditional guilty

plea to count

two

Not stipulated The defendant filed a

motion to suppress

seized evidence, which

was denied. The

defendant appealed.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed the

denial.

Child

Pornography

18-Jan-06

U.S. v. Donald

W

oodward, 01-

1734, 277 F.3d 87

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2); seven counts of

receipt of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2) and

(b)(1); and one count

of possession of a

firearm by a felon

Pleaded guilty 135 months of

im

prisonment

The defendant

appealed his sentence,

arguing that the district

court erroneously

applied a five-level

enhancement for

engaging in a pattern

of sexual exploitation.

The U.S. Court of

Appeals for the First

Circuit affirmed.

Child

Pornography

19-Jan-06

U.S. v. Leland

Doyle Wollet, 03-

5113

, 164 Fed.

Appx. 672

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted 30 months of

im

prisonment

followed by three

years of

supervised release

The defendant signed a

waiver of his right to

appeal at the close of

his jur

y trial, but the

waiver was never filed

and cannot be located.

78

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

He served his prison

sentence and began his

period of supervised

release, during which

he filed a motion to

correct or vacate his

sentence as well as

requested the court to

take notice of Ashcroft

v. Free Speech

Coalition, 535 U.S.

234 (2002). The

district court denied

his motion and denied

a certificate of

appealability. The U.S.

Court of Appeals for

the Tenth Circuit

affirmed.

Child

Pornography

20-Jan-06

U.S. v. John Clark

Machtley III

, 05-

13520, 163 Fed.

Appx. 837

Knowingly possessing

a co

mputer hard drive

containing more than

three images of child

pornography that had

been mailed, shipped,

or transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 27 months of

im

prisonment and

three years of

supervised release

The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the

conviction.

Child

Pornography

2-Feb-06

U.S. v. Clifton L.

Tidwell

, 05-7018,

2006 U.S. App.

One count of

transportation of child

porno

graphy in

Pleaded guilty to

count two

(possession);

27 months of

imprisonment

The defendant

appealed his sentence.

The U.S. Court of

79

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

LEXIS 2752 violation of 18 U.S.C.

§ 2252A(a)(1) and one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

government

dism

issed count

one

(transportation).

Appeals for the Tenth

Circuit reversed and

remanded for

resentencing.

Child

Pornography

3-Feb-06

U.S. v. Robert

Wachowiak, Jr.,

05-CR-22, 4

12 F.

Supp. 2d 958

Receiving child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2)

Pleaded guilty 70 months of

imprisonment

followed by the

maximum

supervised release

term with

conditions

regarding contact

with children and

use of computers

N/A

Child

Pornography

8-Feb-06

U.S. v. Anthony

Vincent Robi

nson,

05-5032, 165 Fed.

Appx. 690

12-count indictment

includin

g one count of

possession of child

pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B) and

(b)(2)

Pleaded guilty to

one count

of

possession in an

agreement in

which he waived

his right to appeal

the district court’s

sentence if the

sentence was

within the

applicable

guideline range,

and the

government

agreed to dismiss

remaining 11

80 months of

im

prisonment

followed by three

years of

supervised release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Tenth

Circuit enforced the

defendant’s waiver of

appellate rights and

dismissed his appeal.

80

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

counts.

Child

Pornography

10-Feb-06

U.S. v. Richard

Edward Brillhart,

04-15

393, 166

Fed. Appx. 447

Possession of materials

involv

ing the sexual

exploitation of a minor

in violation of 18

U.S.C. § 2252(a)(4)(B)

and (b)(2)

Pleaded guilty 240 months of

im

prisonment

The defendant

appealed his sentence,

arguing the district

court erred in not

applying an offense

level reduction for

acceptance of

responsibility. The

U.S. Court of Appeals

for the Eleventh

Circuit affirmed in

part, vacated in part

and remanded.

Child

Pornography

13-Feb-06

U.S. v. Vincent

McCaffrey, 03-

2189

, 437 F.3d

684

Receiving an image of

child por

nography that

was transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

possessing images of

child pornography that

were transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty to

both co

unts

240 months of

imprisonment

The defendant

appealed his sentence,

claiming that the

district court

improperly double-

counted the same

behavior to justify two

separate upward

departures. The U.S.

Court of Appeals for

the Seventh Circuit

affirmed the sentence.

Child

Pornography

14-Feb-06

U.S. v. Kerby

Gross

, 05-1583,

437 F.3d 691

One count of

knowingl

y distributing

child pornography

through interstate

commerce in violation

Pleaded guilty 15 years of

im

prisonment

The defendant

appealed his sentence,

arguing that applying

the mandatory

minimum sentence to

81

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

of 18 U.S.C. §

2252A(a)(2)(A)

him constituted cruel

and unusual

punishment in

violation of the Eighth

Amendment. The U.S.

Court of Appeals for

the Seventh Circuit

affirmed the sentence.

U.S. Supreme Court:

certiorari denied.

Child

Pornography

7-Mar-06

U.S. v. Brent Lee

Croxford, 04-

4158

, 170 Fed.

Appx. 31

1) coercing a minor to

engage in sexually

explicit conduct for the

purpose of

producing a

visual depiction of the

conduct in violation of

18 U.S.C. § 2251(a);

2) possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 148 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Seventh Circuit

affirmed the sentence.

Child

Pornography

10-Mar-06

U.S. v. Stephen

Grimmett

, 05-

3030, 439 F.3d

1263

Producing child

porno

graphy in

violation of 18 U.S.C.

§ 2251(a); possession

of child pornography

in violation of 18

U.S.C. §

2252A(a)(5)(B)

Pleaded guilty Concurrent 10-

y

ear prison terms

and three-year

terms of

supervised release

The defendant

appealed the district

court’s denial

of his

motion to suppress

evidence and

challenged the

constitutionality of 18

U.S.C. 2251. The U.S.

Court of Appeals for

the Tenth Circuit

affirmed the district

82

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

court’s decisions.

Child

Pornography

13-Mar-06

U.S. v. Loren

Samuel

Williamson

, 05-

30150, 439 F.3d

1125

Transmission of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(1)

Convicted 180 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed the

sentence.

Child

Pornography

23-Mar-06

U.S. v. Timothy

Chambers, 02-

5865

, 441 F.3d

438

10 counts of

transportation of child

porno

graphy via

computer in violation

of 18 U.S.C. §

2252(a)(1); one count

of transporting a minor

across state lines for

the purpose of criminal

sexual activity; one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted on all

counts

Life in prison The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Sixth Circuit

affirmed the

convictions but

vacated his sentence

and remanded the case

for resentencing.

Child

Pornography

24-Mar-06

U.S. v. Nicholas

Grigg, 05-2

484,

442 F.3d 560

Possession of

co

mputer video and

image files depicting

minors engaged in

sexually explicit

activity in violation of

18 U.S.C. §

2252(a)(4)(B)

Pleaded guilty 37-month prison

ter

m and two years

of supervised

release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Seventh Circuit

re

manded the case for

resentencing.

83

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

28-Mar-06

U.S. v. Allan C.

M

ugan, 03-4074,

441 F.3d 622

Using a minor to

engage in sexually

explicit conduct for the

purpose of

producing a

visual image, with the

use of materials

shipped in interstate

commerce in violation

of 18 U.S.C. § 2251(a)

and knowing

possession of child

pornography produced

with interstate

materials in violation

of 18 U.S.C. §

2252A(a)(5)(B)

Pleaded guilty 240 months of

im

prisonment,

three-year term of

supervised release,

$4,500 restitution

to defendant’s

wife for wages lost

when she was

fired as a result of

his conduct, $100

special assessment

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed his

conviction and

sentence. The U.S.

Supreme Court

granted certiorari and

remanded the case for

further proceedings in

light of U.S. v. Booker,

543 U.S. 220. The

appellate court

affirmed the judgment

of the district court.

Child

Pornography

5-Apr-06

U.S. v. James E.

Ma

cEwan, 05-

1421, 445 F.3d

237

Three counts of

receiving child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(2)(B)

Pleaded guilty to

count three;

went

to jury trial for

counts one and

two; found guilty

of count two

15 years of

im

prisonment;

sentence based on

defendant’s prior

conviction on a

similar charge, for

which he was

serving five years

of probation

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Third Circuit

affirmed the

convictions and

sentence.

Child

Pornography

7-Apr-06

U.S. v. Victor M.

Gonzalez, 05-

4095

0, 445 F.3d

815

Knowingly possessing

a co

mputer containing

10 or more images of

child pornography in

violation of 18 U.S.C.

Pleaded guilty 87 months of

imprisonment,

lifetime term of

supervised release

The defendant

challenged several

enhancements to his

sentence. The U.S.

Court of Appeals for

84

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

§§ 2252A(a)(5)(B),

2252A(b)(2), and

2256(8)(A)

the Fifth Circuit

vacated the sentence

and remanded the

case.

Child

Pornography

18-Apr-06

U.S. v. William H.

Hayes

, 05-2321-

cr, 445 F.3d 536

One count of

knowingl

y transporting

child pornography in

interstate commerce in

violation of 18 U.S.C.

§ 2252A

Pleaded guilty 151 months of

imprisonment and

a lifetime term of

supervised release

The defendant

challenged the lifetime

term of supervised

release. The U.S.

Court of Appeals for

the Second Circuit

affirmed the sentence.

Child

Pornography

20-Apr-06

U.S. v. James

Maxwell, 03-

1432

6, 446 F.3d

1210

Two counts of

knowingl

y possessing

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted Not stipulated The defendant

appealed his

conviction on the

grounds that it was

unconstitutional. The

U.S. Court of Appeals

for the Eleventh

Circuit reversed and

vacated the conviction,

but on remand from

the U.S. Supreme

Court, the appellate

court affirmed the

district court’s

judgment of

conviction.

Subsequent rehearings

were denied. U.S.

Supreme Court:

certiorari denied.

85

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Child

Pornography

24-Apr-06

U.S. v. Joseph C.

Bledsoe, 04-4

276,

177 Fed. Appx.

311

Knowingly publishing

a notice over the

Internet offering to

exchange child

porno

graphy in

violation of 18 U.S.C.

§ 2251(d)

Convicted Not stipulated The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Fourth Circuit

affirmed the

conviction and

sentence.

Child

Pornography

24-Apr-06

U.S. v. Eric

Richard W

ise, 05-

10195, 447 F.3d

440

Seven counts of

productio

n of child

pornography in

violation of 18 U.S.C.

§ 2251(a), one count of

enticement of a child

in violation of 18

U.S.C. § 2422(b)

Pleaded guilty 168 months of

im

prisonment

(includes

violations of other

laws)

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Fifth Circuit

affirmed the

conviction and

sentence.

Child

Pornography

25-Apr-06

U.S. v. Charles M.

Hair, 04-14

793,

178 Fed. Appx.

879

Three counts of

attem

pting to transport

and transporting child

pornography in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(1); and

one count of

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 365 months of

im

prisonment or,

alternatively, 660

months if Federal

Sentencing

Guidelines were

declared

unconstitutional

(the district court

announced Hair’s

sentence after the

Supreme Court’s

decision in Blakely

v. Washington,

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the

conviction on all

counts but vacated the

sentence and

remanded for

resentencing.

86

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

which called the

constitutionality of

the guidelines into

question, but

before the

Supreme Court

ruled that their

mandatory

application was

constitutional in

U.S. v. Booker.

Child

Pornography

26-Apr-06

U.S. v. Francis

Barevich, 05-

2879

, 445 F. 3d

956

Transporting a visual

depiction of a

minor

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(1)

Pleaded guilty 76 months of

im

prisonment and

two years of

supervised release

The defendant

challenged sentencing

enhancements applied

by the district court.

The U.S. Court of

Appeals for the

Seventh Circuit

affirmed the sentence.

Child

Pornography

28-Apr-06

U.S. v. John B.

Baker, 05-24

99,

445 F. 3d 987

Two counts of

distributio

n of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1) and one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty to

one count

of

distributing child

pornography in

exchange for the

dismissal of

remaining counts

87 months of

im

prisonment

The government

appealed the sentence

because it was below

the advisory guidelines

range of 108 to 135

months. The U.S.

Court of Appeals for

the Seventh Circuit

affirmed the district

court’s judgment.

Child

Pornography

8-May-06

U.S. v. Natdanai

Polchantara, 05-

1585

9, 179 Fed.

Receipt of child

porno

graphy in

violation of 18 U.S.C.

Pleaded guilty to

count one,

proceeded to

33 months of

imprisonment

The defendant

appealed the sentence.

The U.S. Court of

87

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

Appx. 676 § 2252A(a)(2)(A) and

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

sentencing Appeals for the

Eleventh Circuit

affir

med the sentence.

Child

Pornography

31-May-06

U.S. v. Kenneth

Rayburt Blac

kwell,

05-6170, 182 Fed.

Appx. 812

Four counts of

possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 120 months of

imprisonment for

each count, served

concurrently

Prior to trial, the

defendant moved to

suppress oral and

written statements he

made to FBI agents,

which the district court

denied. He appealed

that ruling. The U.S.

Court of Appeals for

the Tenth Circuit

affirmed the ruling,

thus affirming the

judgments of the

district court.

Child

Pornography

31-May-06

U.S. v. Harold

Franklin Walters,

05-15

739, 182

Fed. Appx. 944

Possession of child

porno

graphy

transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted Not stipulated The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the

conviction.

Child

Pornography

1-Jun-06

U.S. v. Jesus

Norberto Evans-

Martinez, 05-

1028

0, 448 F.3d

1163

1) sexual abuse of a

minor; 2) sexual

exploitation o

f minors

in violation of 18

U.S.C. § 2251(c) for

Pleaded guilty to

all three counts in

return for the

governm

ent’s

agreement not to

15 years of

im

prisonment

followed by a

period of

supervised release

The defendant

appealed his sentence

on the gr

ounds that the

district court failed to

give him prior notice

88

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict Sentence Appeals /Motions

sending emails

advertising the

creation of a Yahoo!

Group for sharing

child pornography; 3)

witness tampering

seek additional

charges

that it intended to

i

mpose a sentence

above the applicable,

advisory federal

sentencing guidelines

range, which was a

maximum 10 year

term. The U.S. Court

of Appeals for the

Ninth Circuit vacated

the sentence and

remanded for

resentencing.

Child

Pornography

7-Jun-06

U.S. v. Wyndell

Williams, 05-1985

,

183 Fed. Appx.

246

Possessing

porno

graphy depicting

minors engaged in

sexually explicit

conduct in violation of

18 U.S.C. §

2252(a)(4)(B)

Pleaded guilty 71 months of

im

prisonment

The defendant

appealed his sentence,

challenging the district

court’s application of a

five-level sentence

enhancement for

“engaging in a pattern

of activity involving

the sexual abuse or

exploitation of a

minor.” The U.S.

Court of Appeals for

the Third Circuit

affirmed the sentence.

U.S. Supreme Court:

certiorari denied.

Child

Pornography

12-Jun-06

U.S. v. Edward

Rosario Polanco,

06-13

28, 451 F.3d

Knowingly

transporting i

n

interstate and foreign

Pleaded guilty Five years of

imprisonment, five

years of

The defendant filed a

motion for lack of

jurisdiction. The

89

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

308 commerce visual

depictions of minors

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§§ 2252A(a)(1)(B) and

2252A(a)(1)

supervised release,

$300 assessment

District Court of the

Virgin Island

s denied

the motion. The U.S.

Court of Appeals for

the Third Circuit

affirmed.

Child

Pornography

13-Jun-06

U.S. v. Michael

Johnson

, 05-

14889, 451 F.3d

1239

Two counts of

productio

n of child

pornography in

violation of 18 U.S.C.

§ 2251(a); one count

of possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B); one

count of distribution of

child pornography in

violation of 18 U.S.C.

§ 22 51A(a)(1)

Pleaded guilty to

counts one, t

wo,

and four; district

court dismissed

count three

(possession) upon

motion of the

government.

140 years of

im

prisonment (50

years for each for

counts one and

two; 40 years for

count four running

consecutively)

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affir

med the sentence.

U.S. Supreme Court:

certiorari denied.

Child

Pornography

27-Jun-06

U.S. v. Dale

Haworth, 05-

1988,

187 Fed. Appx.

458

One count each of

transportation and

shipment of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(1) and one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty Concurrent 41-

m

onth prison

terms

The defendant

appealed, contending

that his sentence was

unreasonable under

U.S. v. Booker. The

U.S. Court of Appeals

for the Sixth Circuit

affirmed the sentence.

90

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

27-Jun-06

U.S. v. Roger

James Sullivan,

05-31

61, 451 F.3d

884

One count of

knowingl

y possessing

child pornography

images that were

transported in

interstate commerce

via the Internet in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 30 months of

im

prisonment

followed by two

years of

supervised release

The defendant moved

to have his in

dictment

dismissed by the

district court, arguing

that Congress lacked

the power to proscribe

purely intrastate

possession of

pornography,

regardless of whether

the pornography had

traveled over the

Internet. The district

court denied his

motion. On appeal, the

defendant renewed his

constitutional claim.

The U.S. Court of

Appeals for the

District of Columbia

Circuit agreed that his

argument failed and

rejected the

defendant’s objections

to the conditions of his

supervised release.

Child

Pornography

28-Jun-06

U.S. v. Max

Frederic

k Gray,

05-15209, 453

F.3d 1323

One count of

distributio

n of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

(b)(1) and one count of

possession of child

Defendant initially

pleaded not guilty

but changed his

plea, pleading

guilty to the

distribution count

only.

72 months of

im

prisonment

The government

appealed the sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the sentence.

91

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2)

Child

Pornography

3-Jul-06

U.S. v. David Scott

Guffey, 05-50

68,

185 Fed. Appx.

295

Possession of child

porno

graphy that had

been shipped in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2)

Pleaded guilty 96 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Fourth

Circuit affirmed the

sentence. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

11-Jul-06

U.S. v. Mark T.

Davis, 05-37

38,

452 F.3d 991

Receiving child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2)

Pleaded guilty;

later moved to

change his plea,

but motion denied

Three-year term of

supervised release

with a special

condition

prohibiting

unsupervised

contact with

females younger

than age 18

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed the

conviction but

modified the condition

of supervised release.

Child

Pornography

24-Jul-06

U.S. v. Stuart

Romm

, 04-10648,

455 F.3d 990

Knowingly receiving

and knowin

gly

possessing three or

more images of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2) and

(a)(5)(B)

Convicted Concurrent

mandatory

minimum

sentences of 10 to

15 years for each

count

The defendant

appealed his

conviction. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed his

conviction but vacated

his sentence and

remanded for

92

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

resentencing.

Child

Pornography

28-Jul-06

U.S. v. Billy

Cunning

ham, 05-

8077, 191 Fed.

Appx. 670

One count of

attem

pted child

exploitation in

violation of 18 U.S.C.

§ 2251(a) and (e)

Pleaded guilty 180 months of

im

prisonment

The defendant

challenged the length

of his sentence. The

U.S. Court of Appeals

for the Tenth Circuit

affirmed the sentence.

Child

Pornography

1-Aug-06

U.S. v. William

M

cNeal Pountney,

05-8041, 191 Fed.

Appx. 679

Production of child

porno

graphy in

violation of 18 U.S.C.

§ 2251(a) and (e)

Conditional guilty

plea

180 months of

imprisonment

(includes

violations of other

laws)

The defendant

appealed, challenging

the constituti

onality of

18 U.S.C. § 2251 after

the district court

denied his motion to

dismiss the production

charge for lack of

federal jurisdiction.

The U.S. Court of

Appeals for the Tenth

Circuit affirmed.

Child

Pornography

11-Aug-06

U.S. v. Justin

Barrett Hill, 05-

5021

9, 459 F.3d

966

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty,

conditional pl

ea

agreement

Not stipulated The defendant

appealed the district

court’s denial of his

motion to suppress

evidence. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed the district

court’s ruling.

Child

Pornography

18-Aug-06

U.S. v. Timothy

Trent Campbell,

Receiving child

porno

graphy in

Pleaded guilty to

receiving charge

Not stipulated The defendant

appealed his

93

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

05-16149, 193

Fed. Appx. 921

violation of 18 U.S.C.

§ 2252(a)(2) and

possessing child

pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

conviction. The U.S.

Court of App

eals for

the Eleventh Circuit

affirmed the

conviction.

Child

Pornography

21-Aug-06

U.S. v. Philip M.

Sebolt, 04

-2588,

460 F.3d 910

Using computer to

possess, trans

mit,

advertise child

pornography in

violation of 18 U.S.C.

§§ 2252A(a)(1),

2251(d)(1)(A)

Convicted 360 months of

im

prisonment

The defendant

appealed his

convictions and

sentences. The U.S.

Court of Appeals for

the Seventh Circuit

affirmed the

convictions and

ordered a limited

remand of the

sentence.

Child

Pornography

14-Sep-06

U.S. v. James Hale

Stewart

, 05-4425,

462 F.3d 960

Three counts of

transm

itting and

possessing child

pornography in

violation of 18 U.S.C.

§§ 2252A(a)(1) and

2252A(a)(5)(B)

Pleaded guilty to

two counts

220 months and 80

m

onths of

imprisonment

served

concurrently

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

sentence.

Child

Pornography

22-Sep-06

U.S. v. William

Allen Lane, 06-

1188

6, 2006 U.S.

App. LEXIS

24081

Possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B) and

(b)(2); transporting

child pornography in

violation of 18 U.S.C.

Pleaded guilty to

count two

(transporting)

;

government

dismissed count

one

240 months of

im

prisonment

The defendant

appealed his

conviction. The U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the

conviction.

94

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

§ 2252(a)(1) and (b)(2)

Child

Pornography

20-Oct-06

U.S. v. Michael

David Flande

rs,

05-10785, 468

F.3d 269

Charged with six

counts of inte

rstate

receipt of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

one count of

possession of child

pornography shipped

through interstate

commerce in violation

of 18 U.S.C. §

2252A(a)(5)(B)

After the district

court denied

his

motion to suppress

evidence, the

defendant

conditionally

pleaded guilty to

one count of

possession.

Not stipulated The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Fifth Circuit

affirmed the

conviction.

Child

Pornography

27-Oct-06

U.S. v. Timothy

Wayne Kello

gg,

05-6516, 202 Fed.

Appx. 96

39 counts of receiving

child por

nography in

violation of 18 U.S.C.

§ 2252(a)(2); one

count of conspiring to

receive child

pornography in

violation of 18 U.S.C.

§ 2251(c)(1); two

counts of possessing

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B); one

count of permitting a

minor to engage in

sexually explicit

conduct for the

purpose of producing

Pleaded guilty Conditional 120

m

onths of

imprisonment

The defendant

challenged the

admissibility of certain

evidence. The U.S.

Court of Appeals for

the Sixth Circuit

affirmed the district

court’s decisions.

95

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

visual depictions for

distribution in

interstate commerce in

violation of 18 U.S.C.

§ 2251(d)

Child

Pornography

31-Oct-06

U.S. v. William

Santia

go, 05-

5582-cr, 204 Fed.

Appx. 50

Two counts of

receiving and

distributin

g materials

that contained child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(B) and

one count of

possessing materials

that contained child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty Initially 78 months

of im

prisonment;

reduced to 63

months following

remand from

appellate court

pursuant to U.S. v.

Booker, 543 U.S.

220

The defendant

appealed the a

mended

sentence. The U.S.

Court of Appeals for

the Second Circuit

affirmed the district

court’s amended

judgment. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

24-Nov-06

U.S. v. Michael

Shawn M

cCourt,

06-1018, 468 F.3d

1088

Attempted distribution

and atte

mpted receipt

of child pornography

over the Internet and

possession of child

pornography in

violation of 18 U.S.C.

§ 2252(a)(2) and (4)

Convicted 120 months of

im

prisonment

The defendant

appealed his

conviction. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed the

conviction. Writ of

certiorari denied.

Child

Pornography

27-Nov-06

U.S. v. John

Charles Kuchinksi,

05-30

607, 469 F.

3d 853

One count each for

receipt and possession

of child p

ornography

in violation of 18

U.S.C. § 2252A(a)(2)

Convicted 70 months to run

concurrentl

y

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

96

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

and (a)(5)(B) the Ninth Circuit

affirmed the

convictions but

vacated the sentence

and remanded for

resentencing.

Child

Pornography

4-Dec-06

U.S. v. Robert J.

Hecht, 05-49

39,

470 F.3d 177

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 33 months of

imprisonment

The defendant

appealed his sentence,

arguing that his

sentence violated the

rationale of U.S. v.

Booker and that the

district court

erroneously increased

his offense level for

“distribution” of child

pornography. The U.S.

Court of Appeals for

the Fourth Circuit

affirmed in part and

vacated and remanded

the case.

Child

Pornography

7-Dec-06

U.S. v. Michael D.

Camiscione, 05-

4648

, 207 Fed.

Appx. 631

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4) and (b)(2)

Pleaded guilty The district court

sentenced the

defendant into the

custody of the

U.S. Marshal’s

Office for the

remainder of the

day, followed by a

three-year term of

supervised release.

Citing the district

court’s failur

e to

address several

pertinent factors, the

U.S. Court of Appeals

for the Sixth Circuit

vacated the sentence

and remanded the case

for resentencing.

97

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

3-Jan-07

U.S. v. Aaron

Shaffer, 06-

3145,

472 F.3d 1219

Distribution and

possession of child

porno

graphy in

violation of 18 U.S.C.

§§ 2252A(a)(2) and

2252A(a)(5)(B)

Convicted 60 months of

im

prisonment

The defendant

appealed his

conviction. The U.S.

Court of Appeals for

the Tenth Circuit

affirmed.

Child

Pornography

4-Jan-07

U.S. v. Michael

Adam Davidson

,

06-12705, 213

Fed. Appx. 769

One count of receiving

child por

nography, in

violation of 18 U.S.C.

§ 2252A(a)(2) and

(b)(1)

Pleaded guilty and

convicted

33 months of

im

prisonment

Government appealed

the sentence but the

U.S. Court of Appeals

for the Eleventh

Circuit affirmed the

sentence. Davidson

then filed a motion for

relief from the

conviction and

sentence, which the

district court denied.

On appeal, that order

was vacated and

remanded, with

instructions that the

district court hold an

evidentiary hearing

and further consider

ineffective assistance

of counsel claim. The

district court again

denied relief, which

Davidson appealed but

was affirmed. U.S.

Supreme Court:

certiorari denied.

98

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

10-Jan-07

U.S. v. Kenneth R.

Lunsford, 06-

2751

, 214 Fed.

Appx. 601

Transporting and

shipping

child

pornography in

interstate commerce

using a computer in

violation of 18 U.S.C.

§ 2252A(a)(1)

Pleaded guilty 420 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Seventh Circuit

affirmed the sentence.

Child

Pornography

19-Jan-07

U.S. v. Gregory

Gilmore, 04 CR

1073(ILG), 4

70 F.

Supp. 2d 233

Producing child

porno

graphy of a child

under defendant’s

custody or control in

violation of 18 U.S.C.

§ 2251(b)

Pleaded guilty to

one

count of a

four-count

indictment

360 months of

im

prisonment,

five-year term of

supervised release,

$100 special

assessment

The defendant

appealed his sentence.

The U.S. District

Court for the

Eastern

District of New York

vacated the sentence

and remanded the case

for resentencing.

Child

Pornography

22-Jan-07

U.S. v. Stephan

Marc O’B

erry, 06-

2329, 248 Fed.

Appx. 770

Knowingly receiving

and possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2),

(a)(4)(B), (b)(1), and

(b)(2)

Convicted Not stipulated The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Eighth Circuit

affirmed the

conviction.

Child

Pornography

23-Jan-07

U.S. v. Arnold D.

Holland

, 06-

12805, 214 Fed.

Appx. 957

10 counts of receipt of

child por

nography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A)

Pleaded guilty Unclear; five-level

enhancement

applied

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the sentence.

U.S. Supreme Court:

certiorari denied.

99

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

31-Jan-07

U.S. v. Charles

Joseph Polito, 06-

3013

3, 215 Fed.

Appx. 354

Two counts of

transporting a

nd one

count of possessing

child pornography in

violation of 18 U.S.C.

§ 2252(a)(1), (2), and

(4)(B)

Pleaded guilty to

possession; the

governm

ent

dismissed the

transportation

charges as part of

the plea

agreement.

Five years of

probation

including one year

of house arrest

The government

appealed the sentence

on the grounds it was

an improper departure

under the guidelines.

The U.S. Court of

Appeals for the Fifth

Circuit affirmed.

Child

Pornography

23-Feb-07

U.S. v. Walter

Bryan Hubba

rd,

05-10704, 480

F.3d 341

Distribution of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(2)(A)

Convicted 97 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Fifth

Circuit vacated and

remanded for

resentencing.

Child

Pornography

26-Feb-07

U.S. v. Elizaveta

Nikonova, 05-

3109

3, 480 F.3d

371

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 31 months of

im

prisonment

The defendant

appealed her

conviction. The U.S.

Court of Appeals for

the Fifth Circuit

affirmed.

Child

Pornography

27-Feb-07

U.S. v. Clint

M

anuel McVey,

4:06cr97, 476

F.Supp.2d 560

Receipt of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(2)

Pleaded guilty Unclear; included

a five-level

enhancem

ent

The defendant

objected to the five-

level enhancement.

The U.S. District

Court for the Eastern

District of Virginia,

Newport News

Division, denied the

defendant’s objection.

100

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

2-Mar-07

U.S. v. Jerry C.

Stearns, 05-2

550-

cr, 479 F.3d 175

One count of

possession of child

porno

graphy that had

been transported in

interstate commerce by

computer via the

Internet in violation of

18 U.S.C. §

2252A(a)(5)(B)

Pleaded guilty 10 years of

i

mprisonment, to

be served partially

concurrently with

an undischarged

state sentence

The defendant

appealed his sentence.

The U.S. court of

Appeals for the

Second Circuit

affirm

ed the judgment

of the district court.

Child

Pornography

6-Mar-07

U.S. v. Scott A.

Lewis, 06-49

07,

2007 U.S. App.

Mailing, transporting,

or shippi

ng child

pornography in

interstate commerce by

computer in violation

of 18 U.S.C. §

2252A(a)(1)

Pleaded guilty 97 months of

im

prisonment and

lifetime term of

supervised release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Fourth

Circuit affir

med the

sentence.

Child

Pornography

9-Mar-07

U.S. v. Arthur

Emil Sinerius Jr.,

06-30

327, 504

F.3d 737

Count 1: receipt of

child por

nography in

violation of 18 U.S.C.

§ 2252A(a)(2) and

count 2: possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty and

agreed to

forfeiture of

co

mputer

15 years for count

one and 10 years

for count two

The defendant filed a

motion to review his

sentence, arguing that

a prior conviction for

sexual assault should

not have been

considered a predicate

offense. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed the sentence.

Child

Pornography

16-Mar-07

U.S. v. Ismael

Genao

, 06-0573-

cr, 224 Fed. Appx.

39

Advertising child

porno

graphy in

interstate commerce in

violation of 18 U.S.C.

Convicted Not stipulated The defendant

appealed his

conviction and

sentence and requested

101

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

§ 2251(c) and

transporting child

pornography in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(1)

a rehearing. The U.S.

of Appeals for the

Second Circuit

affir

med his

conviction and

sentence and denied a

rehearing.

Child

Pornography

21-Mar-07

U.S. v. John Davis

Locke, 06-40

270,

482 F.3d 764

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty Four years of

probation with

special conditions,

prohibiting ac

cess

to the Internet and

viewing,

possessing, or

obtaining

pornography in

any form

The defendant

appealed the

revocation of

his

probation, arguing that

he had been coerced

into revealing that he

had violated the terms

of his probation. The

U.S. Court of Appeals

for the Fifth Circuit

affirmed.

Child

Pornography

23-Mar-07

John E. Bednarski

v. U.S., 06-

2878,

481 F.3d 530

One count of knowing

possession of

co

mputer hard drive

containing multiple

depictions of minors

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Unconditional

guilt

y plea

70 months of

imprisonment

The defendant did not

appeal but after one

year incarceration filed

a petition for habeas

corpus relief seeking

to vacate his sentence,

citing his trial

counsel’s alleged

ineffective assistance.

The district court

denied the petition and

the U.S. Court of

Appeals for the

Seventh Circuit

102

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

affirmed.

Child

Pornography

29-Mar-07

U.S. v. Robbie

Allen M

auldin, 06-

14308, 224 Fed.

Appx. 915

Knowingly possessing

and attem

pting to

possess images of

child pornography that

were mailed, shipped,

and transported in

interstate commerce by

any means, including

by computer, in

violation of 18 U.S.C.

§§ 2252A(a)(5)(B) and

2256(8)(A)

Entered guilty plea

with no writt

en

plea agreement at

a change-of-plea

hearing

78 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the sentence.

Child

Pornography

11-Apr-07

U.S. v. Javier

Perez

, 06-50041,

484 F.3d 735

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Conditional guilty

plea

57 months of

im

prisonment

The defendant

appealed the district

courts order denying

his motion to suppress

evidence and appealed

the enhancement of his

sentence based on the

sadistic/masochistic

nature of the images in

his possession. The

U.S. Court of Appeals

for the Fifth Circuit

affirmed the district

court’s judgment. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

12-Apr-07

U.S. v. Evert

Mein

ers, 06-

Four counts of

advertisement of child

Pleaded guilty 180 months of

im

prisonment on

The defendant

appealed his sentence

103

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

30389, 485 F.3d

1211

pornography in

violation of 18 U.S.C.

§ 2251(d); four counts

of distribution of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2); one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

each advertisement

count; 1

21 months

on each

distribution count;

120 months on the

possession count,

served

concurrently

under the Eighth

A

mendment’s

prohibition against

cruel and unusual

punishment. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed the sentences.

Child

Pornography

17-Apr-07

U.S. v. Dennis M.

Mills, 05-523

3,

224 Fed. Appx.

232

Knowingly receiving

child por

nography that

had been shipped in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(2)(A)

Pleaded guilty 15 years of

im

prisonment

The defendant

appealed. The U.S.

Court of Appeals for

the Fourth Circuit

affirmed the sentence.

Child

Pornography

19-Apr-07

U.S. v. Joseph

M

ichael

Buchanan, 04-

41364, 485 F.3d

274

Four counts of

receiving child

porno

graphy

transported in

interstate commerce by

computer in violation

of 18 U.S.C. §

2252(a)(2) and one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(A)

Convicted on all

five counts

71 months of

im

prisonment for

each of first four

counts and 60

months for fifth

count, served

concurrently;

$5,000 fine; $100

special assessment

for each count

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Fifth Circuit

vacated the first four

counts and remanded

with the instructions to

reinstate only one of

the convictions and to

resentence.

Child

Pornography

26-Apr-07

U.S. v. Billy

Thomas Phill

ips,

Seven charges

including conspiracy

Pleaded guilty to

three of seven

120 months of

imprisonment per

The defendant

challenged the district

104

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

06-5746, 230 Fed.

Appx. 520

to possess child

pornography in

violation of 18 U.S.C.

§ 2252(b), possession

of child pornography

in violation of 18

U.S.C. §

2252(a)(4)(B), and

aiding and abetting a

minor’s sexual

exploitation in

violation of 18 U.S.C.

§ 2251(a)

charges;

governm

ent

dropped remaining

charges.

plea agreement court’s conclusion that

he voluntarily gave an

inculpatory statement

to the FBI. The U.S.

Court of Appeals for

the Sixth Circuit

affirmed.

Child

Pornography

15-May-07

U.S. v. Daniel C.

Sheldon, 06-

3015,

223 Fed. Appx.

478

One count of receipt

and attem

pt to

distribute child

pornography and one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252(a)(2) and

(a)(4)(B)

Convicted 98 months of

incarcer

ation, life

time term of

supervised release

with special

conditions

The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Sixth Circuit

affirmed the

conviction.

Child

Pornography

15-May-07

U.S. v. Norman

Borho, 06

-5288,

485 F.3d 904

Three counts of

distributio

n of child

pornography in

interstate commerce in

violation of 18 U.S.C.

§ 2252(a)(1) and one

count of receiving

child pornography that

had traveled in

interstate commerce in

Pleaded guilty 72 months of

im

prisonment

The government

appealed the sentence,

arguing that the large

downward variance

(the sentencing

guidelines stipulated a

sentence of 210 to 262

months) was

substantively

unreasonable. The

105

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

violation of 18 U.S.C.

§ 252(a)(2)

U.S. Court of Appeals

for the Sixth Circuit

vacated and remanded

the case for

resentencing.

Child

Pornography

16-May-07

U.S. v. H. Marc

Wa

tzman, 05-

4669, 486 F.3d

1004

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B), nine

counts of receipt of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A),

(b)(1), and a money

laundering charge

Pleaded guilty to

one count

of

possession and

nine counts of

receipt of child

pornography

Five years of

im

prisonment for

each count, served

concurrently

The defendant

appealed, challenging

the denial of his

motion to suppress

evidence and the

motion to require the

government to prove

his intent to traffic

child pornography.

The U.S. Court of

Appeals for the

Seventh Circuit

affirmed the district

court’s decision. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

16-May-07

U.S. v. Tammy

Halling, 0

6-30377,

232 Fed. Appx.

691

Two counts of sexual

exploitation o

f

children in violation of

18 U.S.C.§ 2251(a);

one count of sexual

exploitation of

children in violation of

18 U.S.C. § 2251(b);

one count of

distribution of child

pornography in

Convicted Not stipulated The defendant

appealed her

conviction. T

he U.S.

Court of Appeals for

the Ninth Circuit

affirmed the

conviction.

106

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

violation of 18 U.S.C.

§ 2252A(a)(2)

Child

Pornography

17-May-07

U.S. v. Donald

Louis W

eis, 06-

2996, 487 F.3d

1148

Receiving child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2)

Pleaded guilty 15 years of

im

prisonment

(mandatory

minimum

enhanced because

of a prior

conviction for

assault with intent

to commit sexual

abuse)

The defendant

appealed his sentence,

arguing t

hat his prior

conviction was not a

proper predicate

felony pursuant to 18

U.S.C. 2252(b)(1).

The U.S. Court of

Appeals for the Eighth

Circuit affirmed.

Child

Pornography

29-May-07

U.S. v. John Oscar

Mes

sick, 06-

16018, 232 Fed.

Appx. 933

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 60 months of

imprisonment

The defendant

appealed his sentence

arguing that it was

unreasonable given

that he was 79 years

old and in failing

health. The U.S. Court

of Appeals for the

Eleventh Circuit

affirmed the sentence.

Post-conviction relief

denied, June 5, 2008.

Child

Pornography

29-May-07 U.S. v. John Doe,

05-50474 and 05-

50781, 488 F.3d

1154

Production of child

pornography outside of

the U.S. in violation of

18 U.S.C. § 2251(c)(1)

and engaging in illicit

sexual conduct with

minor persons in

Pleaded guilty to

two counts of

a

four-count

indictment

204 months of

imprisonment, life

term of supervised

release with

special conditions,

payment of

restitution to

The defendant sought

review of the order

requiring

him to pay

restitution. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed in part,

107

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

foreign places victims vacated in part, and

remanded.

Child

Pornography

31-May-07

U.S. v. Mark Todd

Rader, 06-1

1348,

241 Fed. Appx.

591

One count of

transporting o

r mailing

a visual depiction

using a minor

engaging in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(1); one

count of persuading,

inducing, enticing, or

coercing a minor via

interstate commerce to

engage in sexual

activity in violation of

18 U.S.C. § 2422(b);

and one count of

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty Concurrent 151-

m

onth prison

terms for counts

one and two, 120-

month prison term

for count three,

$17,500 fine

The defendant

appealed his sentences.

The U.S. Court of

Appeals for the

Eleventh Circuit

affir

med the sentences.

Child

Pornography

5-Jun-07

U.S. v. Daniel

Voelker, 05-2858,

489 F.

3d 139

Possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2)

Pleaded guilty 71 months of

imprisonment

followed by a life

term of supervised

release with three

conditions:

prohibited from

accessing any

computer

equipment or any

The defendant

appealed the three

special conditions of

his supervised release.

The U.S. Court of

Appeals for the Third

Circuit vacate

d those

conditions and

remanded the case for

resentencing.

108

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

“on-line”

computer service

at any location;

prohibited from

possessing any

materials depicting

or describing

sexually explicit

conduct as defined

in 18 U.S.C. §

2256; prohibited

from associating

with any child

under the age of

18 without proper

supervision

Child

Pornography

7-Jun-07

U.S. v. Aaron Reed

Hinton

, 06-4017,

236 Fed. Appx.

237

Receipt of child

porno

graphy through

the mails (defendant

had responded by

email to an

advertisement placed

by U.S. Postal Service

Inspectors in Internet

newsgroups known to

be frequented by

individuals interested

in child pornography)

in violation of 18

U.S.C. § 2252(a)(2)

Pleaded guilty 30 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

sentence.

Child

Pornography

12-Jun-07

U.S. v. Daniel

Kamen, 04-1

0384-

Knowing receipt of

child por

nography in

Convicted Not stipulated The defendant filed a

motion with the U.S.

109

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

PBS, 491 F.Supp.

2d 142

violation of 18 U.S.C.

§ 2252(a)(2)

District Court for the

District of

Massachusetts to enter

a judgment of

acquittal, grant a new

trial in the interests of

justice, or vacate the

conviction and enter a

verdict of guilty on the

lesser included offense

of possession of child

pornography. The

court denied the

motion to enter a

judgment of acquittal

or to vacate the

conviction but allowed

the motion for a new

trial.

Child

Pornography

13-Jun-07

U.S. v.

Christopher D.

Estep, 06-23

89,

227 Fed. Appx.

201

One count of

possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 97 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Third

Circuit affirmed the

sentence.

Child

Pornography

18-Jun-07

U.S. v. James R.

Garner

, 06-10417,

490 F.3d 739

Two counts of

attem

pted receipt of

visual depictions of a

minor engaged in

sexually explicit

conduct and six counts

of distribution of

Pleaded guilty 262 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed the

sentence.

110

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

visual depictions of a

minor engaged in

sexually explicit

conduct, all in

violation of 18 U.S.C.

§ 2252(a)(2)

Child

Pornography

27-Jun-07

U.S. v. Jeremy

Goldberg, 07-

1393

, 491 F.3d

668

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Unclear if the

defendant pleaded

guilty or was

convicted

The district judge

imposed a nominal

sentence of one

day in prison, time

served, followed

by a lengthy

period of intensive

supervised release.

The government

appealed the sentence

on the gr

ounds that the

statute violated carried

a penalty of up to 10

years in prison, with

the applicable federal

guidelines ranging

from 63 to 78 months.

The U.S. Court of

Appeals for the

Seventh Circuit

reversed the

sentencing judgment

and remanded the case

for resentencing.

Child

Pornography

6-Jul-07

U.S. v. Fabio

Carani, 06-

2007,

492 F.3d 867

One count of

possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

two counts of

knowingly receiving

child pornography in

the form of certain

computer files in

Jury found

defendant gui

lty of

possession but not

guilty as to one of

the receipt counts

and was unable to

reach a unanimous

decision as to the

other receipt

count.

72 months of

im

prisonment

The defendant

appealed his

conviction and his

sentence. The U.S.

Court of Appeals for

the Seventh Circuit

found no error and

affirmed his

conviction and

sentence. A

111

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

violation of 18 U.S.C.

§ 2252A(a)(2)(A)

subsequent rehearing

was denied, as was

certiorari.

Child

Pornography

18-Jul-07

U.S. v. Robert

Johnson

, 06-4078,

242 Fed. Appx. 7

Transmission of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(1); receipt of

child pornography in

violation of 18 U.S.C.

§ 2252(a)(2); and

possession of child

pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty 144 months of

im

prisonment

The government

appealed the sentence.

The U.S. Court of

Appeals for the Fourth

Circuit concluded that

the sentence was

procedurally and

substantively infirm,

and so vacated and

remanded for

resentencing.

Child

Pornography

19-Jul-07

U.S. v. John

Anthony Pl

anck,

05-21040, 493

F.3d 501

Four counts of

distributio

n of child

pornography in

violation of 18 U.S.C.

§§ 2252A(a)(2)(B),

2252A(b)(1), and

2256; three counts of

possession of child

pornography in

violation of 18 U.S.C.

§§ 2252A(a)(5)(B),

2252A(b)(2), and 2256

Pleaded guilty to

all seven counts

Concurrent

sentences of

121

months of

imprisonment on

the distribution

counts and 120

months of

imprisonment on

the possession

counts plus a

lifetime term of

supervised release

The defendant

appealed the sentence,

contending

that the

three possession

counts were

multiplicitous, and

challenged the

imposition of a life

term of supervised

release. The U.S.

Court of Appeals for

the Fifth Circuit

affirmed the sentence.

Child

Pornography

31-Jul-07

U.S. v. Laurence

Gormley, 06-3132

,

242 Fed. Appx.

853

Two counts of

distributio

n of child

pornography in

violation of 18 U.S.C.

Pleaded guilty 120 months of

imprisonment

The defendant

appealed the district

court’s order denying

his Petition for Writ of

112

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

§ 2252(a)(4) Habeas Corpus and

asked the appellate

court to reverse the

ruling and grant

resentencing on the

ground of ineffective

assistance of counsel

(his attorney failed to

object to a five-level

enhancement). The

U.S. Court of Appeals

for the Third Circuit

affirmed the judgment

of the district court.

Child

Pornography

7-Aug-07

U.S. v. William P.

Schmitt, 06-2

207,

495 F.3d 860

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§§ 2252A(a)(5)(B) and

2256(8)(A)

Pleaded guilty 63 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Seventh Circuit

vacated the sentence

and remanded for

resentencing.

Child

Pornography

14-Aug-07

U.S. v. Dennis J.

Presto, 05-68

88,

498 F.3d 415

Firearm charge (count

1); receiving

child

pornography

transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(2)(A)

(count 2); possession

of child pornography

transported in

Pursuant to a plea

agree

ment, the

defendant pleaded

guilty to counts

one and two with

count three

dismissed.

120 months of

im

prisonment for

count 1 and 135

months for count

two, to run

concurrently,

followed by three

years of

supervised release

for count one and

The defendant

appealed the portion of

his sentence im

posing

a lifetime term of

supervised release.

The U.S. Court of

Appeals for the Sixth

Circuit affirmed the

sentence.

113

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

(count 3)

a lifetime term of

supervised release

for count two

Child

Pornography

20-Aug-07

U.S. v. Robert

Geiner

, 06-8055,

498 F.3d 1104

Charged with one

count of atte

mpted

interstate

transportation of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

(b)(1), and one count

of possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2)

Pleaded guilty

without enteri

ng

into a plea

agreement

210 months of

imprisonment

The defendant

appealed his sentence

on the grounds that the

district court

erroneously applied a

five-level

enhancement and that

his sentence was

unreasonable. The

U.S. Court of Appeals

for the Tenth Circuit

affirmed the sentence.

Child

Pornography

20-Aug-07

U.S. v. Donald R.

Blakley, 05-6

582,

239 Fed. Appx.

229

Conspiracy to

knowingl

y receive and

distribute visual

depictions of a minor

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(b)(1); 15

counts of knowingly

receiving visual

depictions of a minor

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(2); and

Jury convicted on

all 17 counts.

87 months of

imprisonment for

each count, served

concurrently

The defendant

appealed his

convictions, arguing

that the district court

erred in excluding

hearsay evidence and

that the proof at trial

was not sufficient to

support convictions on

the conspiracy and

receiving counts. The

U.S. Court of Appeals

for the Sixth Circuit

concluded that

evidence was legally

114

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

possession of one or

more electronically-

stored visual

depictions of a minor

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

insufficient to sustain

the conspiracy

conviction bu

t found

no reversible error in

connection with the

remaining 16 counts,

thus affirming those

convictions.

Child

Pornography

20-Aug-07

U.S. v. Douglas

Willingham, 06-

1116

0, 497 F.3d

541

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty

pursuant to a

plea

agreement

64 months of

imprisonment

The government

appealed the sentence,

arguing that it was

substantially below the

advisory range and

therefore

unreasonable. The

U.S. Court of Appeals

for the Fifth Circuit

vacated and remanded

the sentence.

Child

Pornography

24-Aug-07

U.S. v. Ritchie G.

Kennedy, 05-

6586,

499 F.3d 547

Distribution of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A

Pleaded guilty 87 months of

imprisonment and

a lifetime term of

supervised release

The defendant

appealed the lifetime

term of supervised

release portion of his

sentence arguing that it

was unreasonable. The

U.S. Court of Appeals

for the Sixth Circuit

affirmed the sentence.

Child

Pornography

31-Aug-07

U.S. v. Jeffrey

Scott, 06-

5522,

501 F.3d 683

Receipt of child

porno

graphy and

possession of child

Pleaded guilty to

knowingly

receiving and

72 months of

imprisonment

(Defendant was on

The defendant

appealed, but the U.S.

Court of appeals for

115

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

pornography attempting to

receive child

pornography in

violation of 18

U.S.C. §

2252A(a)(2)(A)

probation

following a n

ine-

month prison term

served for three

counts of sexual

exploitation of a

minor.)

the Sixth Circuit

affir

med.

Child

Pornography

4-Sep-07

U.S. v. Byron

Polk, CR-06-29-B-

W,508 F

.Supp. 2d

89

Attempted production

of child p

ornography

in violation of 18 §

U.S.C. 2251

Convicted Mandatory

m

inimum term of

15 years of

imprisonment

The defendant argued

that the sentence

constituted cruel and

unusual p

unishment in

violation of the Eighth

Amendment. The

sentence was affirmed.

Child

Pornography

6-Sep-07

U.S. v. Mantra

Films, Inc., Joseph

Francis, 07-

1007

1, 240 Fed.

Appx. 372

Failing to maintain

“identifiable records”

on each of the

indivi

duals featured in

certain of its DVDs,

and did not attach to its

DVDs a statement

disclosing the location

where “the required

age documentation

records” could be

located, in violation of

18 U.S.C. § 2257

Pleaded guilty $1.6 million fine

and 30 m

onths of

community service

for Mantra CEO

Appeal of sentence by

CEO based on

contention t

hat his due

process rights were

violated when the

district court required

him, an unnamed

defendant, to perform

community service on

behalf of the company

as a condition of the

company’s sentence of

probation. The

judgment of the

district court was

affirmed.

116

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

20-Sep-07

U.S. v. John

Olfano

, 06-2988,

503 F.3d 240

Receiving child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2)

Pleaded guilty 188 months of

imprisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Third

Circuit remanded the

case for resentencing

following the decision

in U.S. v. Booker, 543

U.S. 220. On remand,

the district court again

sentenced the

defendant to 188

months. The defendant

again appealed. The

appellate court

affirmed the sentence.

Child

Pornography

2-Oct-07

U.S. v. Peter

Kirchhof, 06-

5203,

505 F.3d 409

Transporting child

porno

graphy over the

Internet in violation of

18 U.S.C. § 2252(a)(1)

and receiving child

pornography over the

Internet in violation of

18 U.S.C. § 2252(a)(2)

Pleaded guilty 180 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Sixth

Circuit affirmed.

Child

Pornography

9-Oct-07

U.S. v. Michael

Kosteniuk, 06-

3178

, 251 Fed.

Appx. 97

Two counts of

receiving and

possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2) and

(a)(4)(B)

Pleaded guilty to

both co

unts

60 months of

imprisonment on

each count, served

concurrently,

followed by seven

years of

supervised release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Third

Circuit vacate

d the

sentence and

remanded for

resentencing.

117

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

18-Oct-07

U.S. v. Timothy

Wesaw

, 07-8024,

251 Fed. Appx.

550

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2)

Pleaded guilty 41 months of

im

prisonment, five

years of

supervised release

The defendant

appealed his

conviction and

sentence; counsel filed

an Anders brief. The

U.S. Court of Appeals

for the Tenth Circuit

granted counsel’s

motion to withdraw

and dismissed

defendant’s appeal.

Child

Pornography

19-Oct-07

U.S. v. Richard

Salcido

, 06-10546,

506 F.3d 729

Receipt or distribution

of child p

ornography

in violation of 18

U.S.C. § 2252(a)(2)

and possession of

material involving the

sexual exploitation of

minors in violation of

18 U.S.C. §

2252(a)(4)(B)

Convicted Concurrent terms

of 27 m

onths of

imprisonment for

each count

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed.

Child

Pornography

23-Oct-07

U.S. v. Dennis D.

Sharp, 07-

231(CKK), 5

17 F.

Supp. 2d 462

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)

Pleaded guilty Unclear The government

reco

mmended a

sentence of

imprisonment. The

defendant filed a

motion for release

pending sentencing.

The U.S. District

Court for the District

of Columbia denied

the motion.

118

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

23-Oct-07

U.S. v. Danny E.

Burke, 06-34

14,

252 Fed. Appx. 49

Three counts of

transportation and

possession of child

porno

graphy in

violation of 18 U.S.C.

§§ 2252(a)(4)(B) and

2252(b)(2)

Pleaded guilty to

count two

(possession); other

charges dis

missed

per plea agreement

24 months of

im

prisonment and

three years of

supervised release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Sixth

Circuit affirmed.

Child

Pornography

24-Oct-07

U.S. v. William

Malloy, 06-2

772,

254 Fed. Appx.

911

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)

Pleaded guilty 27 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Third

Circuit affirmed.

Child

Pornography

29-Oct-07

U.S. v. James

Raftopo

ulos, 05-

5963, 254 Fed.

Appx. 829

Receiving child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(2)

Pleaded guilty 121 months of

imprisonment

followed by a life

term of supervised

release

The defendant

appealed the ter

ms of

his supervised release.

The U.S. Court of

Appeals for the

Second Circuit

affirmed the life term

of supervised release

but remanded for

clarification of the

conditions.

Child

Pornography

2-Nov-07

U.S. v. Lester John

White, Jr., 06-

3781

and 06-3886,

506 F.3d 635

Receiving and

distributin

g child

pornography in

violation of 18 U.S.C.

§ 252(a)(2) and

possessing child

pornography in

violation of 18 U.S.C.

Convicted 72 months of

im

prisonment

The defendant

appealed his

conviction, arguing

that the evidence was

insufficient; and

appealed his sentence,

arguing the district

court improperly

119

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

§ 2252(a)(4) imposed two

sentencing

enhancements. The

government cross

appealed the district

court’s downward

variance from the

advisory guideline

range. The U.S. Court

of appeals for the

Eighth Circuit

affirmed.

Child

Pornography

5-Nov-07

U.S. v. Gordon

Douglas Cop

e, Jr.,

06-50441, 506

F.3d 908

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(5)(B)

Pleaded guilty

under a plea

agree

ment. Both

parties stipulated

to a total offense

level of 28,

including

numerous upward

adjustments

relating to the

child pornography

possession. The

government made

no agreement

regarding the

terms of

supervised release.

The defendant

agreed to waive

his right to appeal

any sentence the

120 months of

im

prisonment (the

minimum) and a

lifetime term of

supervised release

The defendant

appealed the

conditions of

his

lifetime term of

supervised release.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed in part

and reversed in part.

120

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

district court

handed down,

provided certain

requirements were

met.

Child

Pornography

6-Nov-07

U.S. v. Winston

Davenport

, 06-

30596, 519 F.3d

940

One count of receiving

child por

nography, in

violation of 18 U.S.C.

§ 2252A(a)(2) and one

count of possessing

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 78 months of

incarcer

ation for

each count, to be

served

concurrently and

concurrent life

terms of

supervised release

for each count

Prior to sentencing, the

defendant m

oved to

withdraw his guilty

plea, which the court

denied. The defendant

then appealed his

sentence. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed his sentence

(see also the

supplemental opinion

at 270 Fed. Appx.

671).

Child

Pornography

7-Nov-07

U.S. v. Kevin D.

Otterson, 06-3555

,

506 F.3d 1098

Transporting child

porno

graphy and

possessing child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1) and

(a)(5)(B)

Pleaded guilty 235 months of

im

prisonment and

a lifetime term of

supervised release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

sentence.

Child

Pornography

8-Nov-07

U.S. v. James T.

Fore II, 06-5

518,

507 F.3d 412

1) knowingly

transporting o

r

shipping in interstate

commerce visual

depictions involving

Convicted on the

substantive counts

165 months of

im

prisonment on

count one, 120

months on count

two, served

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

121

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

the use of a minor

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(1); 2)

possession of visual

depictions of minors

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

concurrently the Sixth Circuit

affir

med the

conviction and

sentence.

Child

Pornography

8-Nov-07

U.S. v. Octavio

Villalona, 06-

1418

5, 256 Fed.

Appx. 256

Transporting child

porno

graphy in

interstate commerce by

means of a computer

in violation of 18

U.S.C. § 2252(a)(1)

and using an Internet

service as a means of

interstate commerce to

induce a minor to

engage in sexual

activity in violation of

18 U.S.C. § 2422(b)

Pleaded guilty 235 months of

im

prisonment

The defendant

appealed his sentence,

challenging its

procedural

reasonableness. The

U.S. Court of Appeals

for the Eleventh

Circuit affirmed.

Child

Pornography

21-Nov-07

U.S. v. William

Schaefer, 04-

2015

6-JWL

Knowingly and

intentionall

y

possessing child

pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B) and

knowingly receiving

child pornography by

Found guilty on

both co

unts

70 months of

imprisonment on

each count to run

concurrently

Defendant appealed

conviction an

d

sentence. The U.S.

Court of Appeals for

the Tenth Circuit

reversed the

defendant’s

convictions on the

122

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

computer in violation

of 18 U.S.C. §

2252(a)(2)

grounds that the

government’s evidence

concerning the

defendant’s use of the

Internet, standing

alone, was insufficient

to establish that the

child pornography

images at issue moved

across lines, and

remanded to the

district court for entry

of a judgment of

acquittal.

Child

Pornography

28-Nov-07

U.S. v. Michael

Tyler, 07-110

90,

256 Fed. Appx.

310

Transporting visual

depictions in

volving

the use of minors

engaged in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(1); being a

parent or legal

guardian who

permitted or assisted

the sexual exploitation

of a minor in violation

of 18 U.S.C. §

2251(b); and using a

minor to engage in

sexually explicit

conduct for the

purpose of producing a

visual depiction of

Pleaded guilty 600 months of

im

prisonment

The defendant

appealed his sentence,

arguing that it was

procedurally and

substantively

unreasonable, and was

excessive in violation

of the Eighth

Amendment. The U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the sentence.

123

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

such conduct in

violation of 18 U.S.C.

§ 2251(a)

Child

Pornography

28-Nov-07

U.S. v. Arthur

Juwa, 0

6-2716-cr,

508 F.3d 694

One count of receiving

and distributi

ng child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(B) and

one count of

possession of child

pornography in

violation of 18 U.S.C.

§ 2252(a)(5)(B)

Pleaded guilty to

the possession

charge

90 months of

im

prisonment

The defendant

appealed his sentence,

arguing that the term

was procedurally and

substantively

unreasonable because

the recommended

range was 24 to 30

months, which both

parties agreed would

be reasonable. The

district court applied

an upward departure

based in part on

pending state charges

against the defendant

for sexual abuse of a

minor. The U.S. Court

of Appeals for the

Second Circuit vacated

the sentence and

remanded the case for

resentencing.

Child

Pornography

29-Nov-07

U.S. v. Russell R.

Hoey

, 07-1454,

508 F.3d 687

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 63 months of

im

prisonment

The defendant

appealed his sentence,

primarily objecting to

an application of a

four-level increase.

The U.S. Court of

124

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Appeals for the First

Circuit affirmed the

sentence.

Child

Pornography

13-Dec-07

U.S. v. Charles

Harrist, Jr., 06-

4167

9, 258 Fed.

Appx. 668

One count of

possessing child

porno

graphy and one

count of receiving

child pornography in

violation of 18 U.S.C.

§ 2252(a)(2),

(a)(4)(B), (b)(2)

Convicted on both

counts

Not stipulated The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Fifth Circuit

affirmed.

Child

Pornography

20-Dec-07

U.S. v. John Craig

Zimmer

man,

Criminal B-07-

232, 529 F.Supp.

2d 778

Two counts of sexual

exploitation

of a child

in violation of 18

U.S.C. § 2251(a), one

count of receipt of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(B), and

one count of

possession of child

pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Found guilty on

all counts

Not stipulated N/A

Child

pornography

21-Dec-07

U.S. v. Michael J.

Griffin, 05-4

016-

cr, 510 F.3d 354

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 120 months of

imprisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Second Circuit

remanded the case for

resentencing.

125

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

2-Jan-08

U.S. v. Anthony S.

Peterson, 07-

6008

0, 260 Fed.

Appx. 753

Possession of child

porno

graphy through

interstate commerce by

means of a computer

in violation of 18

U.S.C. §§

2252A(a)(5)(B) and

2256(8)(a)

Pleaded guilty Unclear; non-

guidelines

sentence i

mposed

The defendant

appealed the sentence.

The U.S. Court of

Appeals for the Fifth

Circuit affirmed the

sentence.

Child

Pornography

11-Jan-08 U.S. v. Eric Baird,

8-07CR204, 580

F. Supp. 2d 889

Possession of child

pornography in

violation of 18 U.S.C.

§ 2252(a)(4)

Pleaded guilty 24 months of

im

prisonment

During sentencing the

defendant objected to a

two-level use of

computer

enhancement, asking

the district court to

either depart below or

vary from the

applicable federal

sentencing guidelines

range, under which he

was eligible for up to

10 years of

imprisonment.

Child

Pornography

16-Jan-08

U.S. v. Ronald

George Stark, 07-

1022

4, 262 Fed.

Appx. 930

1) enticing a minor to

engage in sexually

explicit conduct for

purposes of producing

visual depictions, in

violation

of 18 U.S.C.

§ 2251(a); 2)

possessing child

pornography, in

violation of 18 U.S.C.

Pleaded guilty to

all three counts

Consecutive

sentences of

120

months of

imprisonment for

count one, 108

months for count

two, and 84

months for count

three, followed by

five years of

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affir

med the sentence.

126

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

§ 2252A(a)(1); 3)

transporting visual

depictions of minors

engaged in sexually

explicit conduct, in

violation of 18 U.S.C.

§ 2252A(a)(1)

supervised release

Child

Pornography

17-Jan-08

U.S. v. Walter E.

Sewell, 07-19

91,

513 F.3d 820

Possessing,

distributin

g, or

publishing notices,

and/or attempting to

possess, distribute, or

publish notices of child

pornography in

violation of 18 U.S.C.

§ 2251; and charged

with one count of

publishing a notice

offering to distribute

child pornography in

violation of 18 U.S.C.

§ 2251(d)(1)(A) after

appellate court

reversed an order

prohibiting

government from

showing at trial some

images recovered from

defendant’s computer.

Pleaded guilty to

one count

of

distribution of

child pornography

and one count of

publishing a

notice, preserving

the right to file a

motion to dismiss

the 18 U.S.C. §

2251(d)(1)(A)

charge

Not stipulated The defendant

challenged th

e denial

to dismiss the 18

U.S.C. §

2251(d)(1)(A) charge.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

denial of the motion to

dismiss.

Child

Pornography

18-Jan-08

U.S. v. Kurt

Russell Grossman

,

06-2310, 513 F.3d

Possession of images

of m

inors engaged in

sexual activity in

Pleaded guilty 66 months of

imprisonment

followed by 10

The defendant

appealed his sentence.

The U.S. Court of

127

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

592 violation of 18 U.S.C.

§ 2252(a)(4)(B)

years of

supervised release

Appeals for the Sixth

Circuit affirmed, with

dissent.

Child

Pornography

29-Jan-08

U.S. v. Vernon

Earl Parmele

e,

06-4888, 262 Fed.

Appx. 416

Four counts of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted Initially 48 months

of im

prisonment;

140 months of

imprisonment

following

government appeal

The defendant

appealed his

resentencing. The U.S.

Court of App

eals for

the Third Circuit

affirmed the sentence.

Child

Pornography

31-Jan-08

U.S. v. Bruce

Clayton Pug

h, 07-

10183, 515 F.3d

1179

Knowing possession of

i

mages of child

pornography mailed,

shipped, or transported

by computer in

violation of 18 U.S.C.

§§ 2252A(a)(5)(B) and

2256(8)(A)

Pleaded guilty Five years of

probation

The government

appealed the sentence

on the gr

ounds that it

was unreasonable and

the sentencing

guidelines range was

97 to 120 months. The

U.S. Court of Appeals

for the Eleventh

Circuit vacated the

sentence and

remanded it for

recalculation.

Child

Pornography

5-Feb-08 U.S. v. Juan Pena,

07-30007, 266

Fed. Appx. 574

Distribution and

receipt of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A)

Pleaded guilty Not stipulated The defendant

appealed. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed. U.S.

Supreme Court:

certiorari denied.

128

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

6-Feb-08

U.S. v. Jason

Shrake, 07-1

790,

515 F.3d 743

Possession of images

of m

inors engaged in

sexually explicit

conduct and

transmission of such

images in interstate

commerce in violation

of 18 U.S.C. §

2252(a)(1),(4)

Convicted 330 months of

im

prisonment

The defendant

appealed, contesting

the sentence as well as

limits on his expert’s

pretrial access to data.

The U.S. Court of

Appeals for the

Seventh Circuit

affirmed.

Child

Pornography

27-Feb-08

U.S. v. Scott K.

Donton

, 07-1326,

266 Fed. Appx.

222

Receipt of child

porno

graphy and

possession of child

pornography in

violation of 18 U.S.C.

§§ 2252A(a)(2)(B) and

2252A(a)(5)(B)

Convicted Concurrent terms

of 60 m

onths of

imprisonment

The defendant

appealed his

conviction. The U.S.

Court of Appeals for

the Third Circuit

affirmed the

conviction.

Child

Pornography

29-Feb-08

U.S. v. Ralph

Shan

non, 07-2794,

518 F.3d 494

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)

Pleaded guilty 46 months of

imprisonment

followed by a life

term of supervised

release

The defendant

appealed, arguing that

the federal sentencing

scheme approved in

U.S. v. Booker, 543

U.S. 220, violated the

Fifth and Sixth

Amendments, and that

his sentence was

unreasonable. The

U.S. Court of Appeals

for the Seventh Circuit

affirmed the sentence.

Child

Pornography

3-Mar-08

U.S. v. James N.

Cannel, 06-

30590,

Possession of child

porno

graphy in

Pleaded guilty 72 months of

imprisonment

The defendant

appealed the sentence

129

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

517 F.3d 1172 violation of 18 U.S.C.

2252A(a)(5)(B)

on the grounds that the

government breached

the plea agreement.

The U.S. Court of

Appeals for the Ninth

Circuit found that the

government did not

breach the plea

agreement and

therefore affirmed the

sentence. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

5-Mar-08

U.S. v. Donald J.

Deve

rso, 06-

16048, 518 F.3d

1250

1) possessing materials

depicting a minor

engaged in sexuall

y

explicit activity in

violation of 18 U.S.C.

§ 2252(a)(4)(B) and

(b)(2); 2) transporting

materials depicting a

minor engaged in

sexually explicit

activity in violation of

18 U.S.C. § 2252(a)(1)

and (b)(1); 3) using a

minor to engage in

sexually explicit

conduct outside the

U.S. for the purpose of

producing a visual

depiction and

transporting it to the

Convicted 120 months of

im

prisonment for

one count and 195

months for each of

the other counts,

served

concurrently

The defendant

appealed his

convictions. The

U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the

convictions.

130

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

U.S. in violation of 18

U.S.C. § 2251(c)(2)(B)

and (e)

Child

Pornography

11-Mar-08

U.S. v. Roy J.

Hudspeth, 05-

3316

, 518 F.3d

954

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5) and

(b)(2)

Entered

conditional guilt

y

plea

60 months of

imprisonment

The defendant

appealed, challenging

the denial of his

motion to suppress

evidence and the

district court’s

application of the

sentencing guidelines.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

district court’s

decisions in all

respects.

Child

Pornography

11-Mar-08

U.S. v. Steven C.

Perrine, 06-3336,

518 F.

3d 1196

One count of

distributin

g child

pornography in

violation of 18 U.S.C.

§ 2252(a)(2); one

count of receiving

child pornography in

violation of 18 U.S.C.

§ 2252(a)(2); one

count of possessing

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted 235 months of

im

prisonment

(includes

violations of other

laws)

The defendant

appealed the denial of

his motion to suppress

evidence and the

denial of his motion to

dismiss the case

against him. The U.S.

Court of Appeals for

the Tenth Circuit

affirmed.

131

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

21-Mar-08

U.S. v. Brandon

James Gar

cia, 07-

11582, 272 Fed.

Appx. 754

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B) and

(b)(2); receipt of child

pornography in

violation of 18 U.S.C.

§ 2252(a)(2) and (b)(1)

Convicted 96 months of

im

prisonment for

each count, served

concurrently,

followed by a life

term of supervised

release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affir

med the sentence.

Child

Pornography

24-Mar-08

U.S. v. Todd

Randal

Maupin,

07-13341, 520

F.3d 1304

Knowingly possessing

material containing

i

mages of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2) and knowingly

and intentionally

receiving and

attempting to receive

child pornography

materials shipped and

transported through

interstate and foreign

commerce by

computer via the

Internet in violation of

18 U.S.C. §

2252A(a)(2)(B) and

(b)(1)

Pleaded guilty to

both co

unts

240 months of

imprisonment for

count one, 480

months for count

two, to run

concurrently, and a

lifetime term of

supervised release

on both counts

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affir

med the sentence.

Child

Pornography

1-Apr-08

U.S. v. Peter

Polizzi, 06-C

R-

22(JBW), 549

F.Supp 2d 308

12 counts of receiving

child por

nography in

violation of 18 U.S.C.

§ 2252(a)(2); 11

Convicted New trial granted

on counts one

through 12 unless

statute declared

Later proceeding at

U.S. v. Polizzi, 2008

U.S. Dist. LEXIS

31912; vacated and

132

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and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

counts of possessing

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

unconstitutional

on appeal.

Sentence for

counts 14 through

24: one year plus

one day of

incarceration;

$50,000 fine;

$1,100 special

assessment;

supervised release;

psychiatric

treatment during

incarceration and

while on

supervised release;

registration as sex

offender.

remanded by U.S. v.

Polouizzi, 2

009 U.S.

App. LEXIS 8700 (2d

Cir. N.Y., Apr. 24,

2009).

Child

Pornography

9-Apr-08

U.S. v. Timothy

Prunick, 07-

1347

2, 273 Fed.

Appx. 807

Attempted use of a

co

mputer to entice a

minor to engage in

sexual activity in

violation of 18 U.S.C.

§ 2422(b), traveling

interstate with the

intent to engage in

sexual activity with a

child under the age of

12, transporting child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1), and

possession of child

Guilty on counts

one and two;

not

guilty on counts

three and four

Not stipulated The defendant filed a

pretrial m

otion to

sever counts three and

four from counts one

and two; the motion

was denied. Following

trial, the defendant

filed a motion for a

new trial for counts

one and two, arguing

the jury had been

prejudiced by the

pornography charges.

The district court

granted a new trial, the

133

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

government appealed,

and the U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the granting

of a new trial.

Child

Pornography

11-Apr-08

U.S. v. Howard

Thomas Port

er,

03-CR-

0129(CPS), 555 F.

Supp. 2d 341

Three counts of

transporting a

nd

shipping child

pornography in

interstate commerce by

computer in violation

of 18 U.S.C. §

2252A(a)(1); seven

counts of possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted Four years of

im

prisonment for

each count, served

concurrently,

followed by three

years of

supervised release

for each count,

served

concurrently

The defendant began

his term

of supervised

release in August

2007; in November he

violated a condition.

The term of supervised

release was revoked,

and the defendant was

sentenced to four

months of

imprisonment and a

new term of 32 months

of supervised release

with special

conditions. The

defendant filed a

motion to modify the

condition requiring

monitoring his

movements with a

GPS device. Motion

denied.

Child

Pornography

24-Apr-08

U.S. v. Joseph

Morales-

Aldaho

ndo, 06-

2533, 524 F.3d

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted Not stipulated The defendant

appealed his

conviction. The U.S.

Court of Appeals for

134

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

115 the First Circuit

affirmed the

conviction.

Child

Pornography

25-Apr-08

U.S. v. James

Edward

Sommerville, 07-

1347

4, 276 Fed.

Appx. 903

Distribution of child

porno

graphy in

violation of 18 U.S.C.

§ 2252 and possession

of child pornography

in violation of 18

U.S.C. §

2252A(a)(5)(B) and

(b)(2)

Convicted 195 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the sentence.

Child

pornography

29-Apr-08

U.S. v. Michael

Postma, 07-1

4073,

275 Fed. Appx.

865

Four counts of

distributio

n of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A), one

count of possession of

material containing

images of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Under a plea

agree

ment,

pleaded guilty to

one count of

distribution

210 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the sentence.

Child

Pornography

29-Apr-08

U.S. v. Joseph

Stoterau, 07-

5012

4, 524 F.3d

988

Transporting child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(1)

Pleaded guilty 151 months of

imprisonment and

a five-year term of

supervised release

The defendant

appealed the length of

his prison term and

several special

conditions of his

supervised release.

The U.S. Court of

Appeals for the Ninth

135

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Circuit affirmed in

part, vacated in part,

and remanded.

Child

Pornography

2-May-08

U.S. v. Todd

Hansel, 07-2

447,

524 F.3d 841

One count of

possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2); one count of

distribution of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1) and

(b)(1)

Conditional guilty

plea

The district

applied a five-

level enhancement

to the defendant’s

sentence bec

ause

he distributed

pornography to a

minor.

The defendant

appealed his

conviction an

d his

sentence. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed the

conviction and the

sentence.

Child

Pornography

12-May-08

U.S. v. Darren F.

Wilder

, 06-2213,

526 F.3d 1

Possession,

transm

ission, and

receipt of child

pornography in

violation of 18 U.S.C.

§§ 2252(a)(1),(2) and

(b)(1) and

2252(a)(4)(B)

Convicted Not stipulated The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the First Circuit

affirmed the

conviction.

Child

Pornography

19-May-08 U.S. v. Williams,

06-694, 444 F.3d

1286, reversed

One count of

pandering child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(3)(B) and

one count of

possession of child

pornography in

violation of 18 U.S.C.

Pleaded guilty but

reserved the r

ight

to challenge the

constitutionality of

the pandering

conviction

60 months of

imprisonment for

each count, served

concurrently

The defendant

appealed. The U.S.

Court of Appeals for

the Eleventh Circuit

held that 18 U.S.C. §

2252A(a)(3)(B) was

both overbroad and

impermissibly vague.

The U.S. Supreme

136

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

§ 2252A(a)(5)(B) Court granted

certiorari. The

judgment of the

Eleventh Circuit was

reversed.

Child

Pornography

19-May-08

U.S. v. Charles

Ray Wise

, 07-

5019, 278 Fed.

Appx. 552

Six-count indictment Convicted of four

of six counts:

3)

traveling in

interstate

commerce for the

purpose of

engaging in illicit

sexual conduct

with a 14-year-old

female; 4)

transporting a 14-

year-old female

from Arkansas to

Kentucky with the

intent to engage in

sexual activity; 5)

possessing one or

more matters

containing a visual

depiction,

involving the use

of a minor

engaged in

sexually explicit

conduct; and 6)

making false

statement of

material fact to a

360 months of

im

prisonment

The defendant

appealed his

conviction, arguing

that the district court

improperly denied his

motion for acquittal.

The U.S. Court of

Appeal for the Sixth

Circuit affirmed.

137

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

special agent of

the FBI

Child

Pornography

28-May-08

U.S. v. Richard

Don Beeman, 07-

5013

7, 280 Fed.

Appx. 616

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 57 months of

im

prisonment;

supervised release

Beeman appealed

district court’s denial

of his motion to

suppress evidence

seized from his

personal computer;

appealed his sentence,

including certain

conditions of his

supervised release.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed the

ruling on the

suppression motion

and all challenged

aspects of the

sentence.

Child

Pornography

28-May-08

U.S. v. Roderick

Long

, 06-3549,

2008 U.S. App.

LEXIS 11340

Knowingly receiving

by

computer visual

depictions of a minor

engaging in sexually

explicit conduct in

violation of 18 U.S.C.

§ 2252(a)(2)

Pleaded guilty 121 months of

im

prisonment

followed by a life

term of supervised

release with

conditions limiting

the defendant’s

computer use and

access to materials

depicting or

describing

sexually explicit

The defendant

appealed his sentence

and conditi

ons of

supervised release.

The U.S. Court of

Appeals for the Third

Circuit affirmed.

Rehearing at U.S. v.

Long, 2008 U.S. App.

LEXIS 27030 (3d Cir.

Pa, Dec. 31, 2008).

138

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

conduct

Child

Pornography

28-May-08

U.S. v. Justin

M

oore, 07-2349,

279 Fed. Appx.

404

Distributing child

porno

graphy and

receiving child

pornography in

violation of 18 U.S.C.

§ 2252(a)(2)

Pleaded guilty 210 months of

im

prisonment

The defendant

appealed, but his

appointed counsel

moved to withdraw

because he was unable

to discern a non-

frivolous basis for

appeal. The U.S. Court

of Appeals for the

Eleventh Circuit

granted the counsel’s

motion and dismissed

the defendant’s appeal.

Child

Pornography

29-May-08

U.S. v. Joaquin

Gomes, 07-13002

,

279 Fed. Appx.

861

Possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B),

receiving child

pornography in

violation of 18 U.S.C.

§ 2252(a)(2)(B), and

producing child

pornography in

violation of 18 U.S.C.

§ 2251(a)

Convicted 240 months of

im

prisonment for

count one, 480

months for count

two, and 600

months for count

three to run

concurrently but

running

consecutively to

any existing state

sentence

The defendant

appealed the district

court’s denial

of his

motion to suppress

evidence. The U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the

defendant’s

convictions and

sentences.

Child

Pornography

30-May-08

U.S. v. Francis

Eugene Giberson,

07-10

100, 527

F.3d 882

Receipt of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2) and

possession of child

Pleaded guilty 60 months of

im

prisonment on

each count, served

concurrently;

three-year

The defendant

appealed the district

court’s denial

of his

motion to suppress

evidence of child

139

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

supervised release

on count one; life

term of supervised

release on count

two

pornography found on

his personal com

puter,

which led to his

conviction and

appealed his sentence.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed the

conviction, vacated the

sentence, and

remanded the case.

Child

Pornography

2-Jun-08

U.S. v. Donald R.

Miller Jr., 06-

5187

, 527 F.3d 54

Receipt of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(2);

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B);

marijuana charge

Convicted 46 months of

im

prisonment for

each child

pornography

charge plus 12

months of

imprisonment for

the marijuana

charge, served

concurrently

The defendant

appealed. The U.S.

Court of App

eals for

the Third Circuit

vacated the judgment

and remanded the case

for resentencing after

vacating one of the

child pornography

charges.

Child

Pornography

4-Jun-08

U.S. v. Wesley

Adam Taylor,

07-

40725, 280 Fed.

Appx. 397

Six-count indictment:

1) prod

ucing sexually

explicit images of a

minor in violation of

18 U.S.C. § 2251(a)

and (d); 2) and 3)

distribution of

pornographic materials

involving minors in

violation of 18 U.S.C.

§ 2252(a)(2) and

Pleaded guilty to

count fo

ur

60 months of

imprisonment

followed by three

years of

supervised release

The government

appealed the sentence.

The U.S. Court of

Appeals for the Fifth

Circuit affir

med.

140

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

(b)(1); 4)-6)

possession of child

pornographic materials

in violation of 18

U.S.C. § 2252(a)(4)(B)

and (b)(2)

Child

Pornography

5-Jun-08

U.S. v. Patrick D.

Staggs, 07-3

553,

527 F.3d 680

One count of receiving

child por

nography in

violation of 18 U.S.C.

§ 2252(a)(2) and one

count of possession

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty in

1999

68-month

concurrent terms

of im

prisonment

on each offense

and a five-year

term of supervised

release with

special conditions:

not to use a

computer, access

the Internet, or

possess

pornographic

material

The defendant was

releas

ed from custody

in 2003 and began his

period of supervised

release; in 2007 he

admitted to his

probation officer that

he had accessed the

Internet on a friend’s

computer and had

downloaded and saved

nude images. The

District Court for the

Southern District of

Iowa sentenced him to

30 months of

imprisonment

followed by an

additional 30 months

of supervised release.

The defendant

appealed, arguing that

the 60-month

combination exceeded

the statutory

maximum. The U.S.

Court of Appeals for

141

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

the Eighth Circuit

affirmed.

Child

Pornography

9-Jun-08

U.S. v. Richard

Rowan II, 05-

3053

6, 530 F.3d

379

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Convicted 60 months of

probation

The government

appealed the sentence.

The U.S. Court of

Appeals for the Fifth

Circuit affir

med.

Child

Pornography

16-Jun-08

U.S. v. Jimmy

Oliver

, 07-10494,

281 Fed. Appx.

898

19 counts of

transporting, receiving,

and possessing child

porno

graphy;

attempting to distribute

a visual depiction in

order to induce a

minor to engage in

sexually explicit

conduct; inducing a

minor to engage in

sexually explicit

conduct for purposes

of producing a visual

depiction, having

control of a minor and

permitting the minor to

engage in sexually

explicit conduct, in

violation of 18 U.S.C.

§§ 2251 and 2252A

Pleaded guilty in a

plea agree

ment to

counts six, nine,

12, and 15

(inducing a minor

to engage in

sexually explicit

conduct for

purposes of

producing a visual

depiction) and

count 19

(possession of

child

pornography)

1,560 months

(life) of

im

prisonment

composed of 360

months for counts

six, nine, 12, and

15 and 120 months

for count 19, all to

run consecutively

The defendant

appealed his

conviction an

d

sentences. The U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the

conviction and

dismissed the appeal

regarding the sentence

challenge.

Child

Pornography

17-Jun-08

U.S. v. Ronald R.

Shankey

, 07-2235,

281 Fed. Appx.

Possessing and

distributin

g child

pornography in

Pleaded guilty in a

plea agreement to

the possession

108 months of

imprisonment

The defendant

appealed his sentence,

arguing that it was

142

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

613 violation of 18 U.S.C.

§ 2252(a)(4)(B) and

(a)(2)

charge; the

government

dismissed the

distribution

charge.

unreasonably high, and

the court failed to

consider his

distinguished

career in

the military. The U.S.

Court of Appeals for

the Seventh Circuit

found the sentence

reasonable and

therefore affirmed it.

Child

Pornography

19-Jun-08

U.S. v. Richard

Wilkinson, 07-

1496

2, 282 Fed.

Appx. 750

Knowingly

transporting a

nd

shipping child

pornography in

interstate or foreign

commerce by means of

a computer in violation

of 18 U.S.C. §

2252A(a)(1) and

(b)(1); possession of

child pornography in

violation of §

2252A(a)(5)(B) and

(b)(2)

Pleaded guilty to

transport charge;

governm

ent

dismisses

possession charge

pursuant to plea

agreement

160 months of

im

prisonment and

10 years of

supervised release

with 13 conditions

The defendant

appealed his sentence,

in particular one of the

special conditions of

his term of supervised

release. The U.S.

Court of Appeals for

the Eleventh Circuit

affirmed the sentence.

Child

Pornography

19-Jun-08

U.S. v. Douglas

Jennings, 07-

0885-cr, 282 Fed.

Appx. 3

7

Production of child

porno

graphy in

violation of 18 U.S.C.

§ 2251(a); receipt of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

(B); and possession of

Pleaded guilty 600 months of

im

prisonment

The defendant

appealed, arguing that

he was denied

effective assistance of

counsel because his

attorney failed to

explain why he should

execute a plea

143

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

agreement. The U.S.

Court of Appeals for

the Second Circuit

affirmed.

Child

Pornography

20-Jun-08

U.S. v. Jon

Hanson

, 07-CR-

330, 561 F. Supp.

2d 1004

Transporting and

possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(1) and

(a)(5)(B)

Pleaded guilty 72 months of

imprisonment and

life term of

supervised release

N/A

Child

Pornography

23-Jun-08 U.S. v. Ari Brown,

07-8065, 529 F.3d

1260

Possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 10 years of

im

prisonment

(reversed and

remanded on

appeal)

The defendant’s

sentence w

as

enhanced, based upon

a previous conviction

under UCMJ Article

134. The defendant

appealed the

enhancement, arguing

that the sentencing

court erred by treating

his UCMJ conviction

as a predicate enhancer

under 18 U.S.C. §

2252A. The U.S.

Court of Appeals for

the Tenth Circuit

reversed the sentence

and remanded for

resentencing pursuant

to the plea agreement.

144

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

26-Jun-08

U.S. v. Michael

Demont, 07-

1560

0, 283 Fed.

Appx. 768

Indictment charged the

defendant with

distributio

n of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(1),(2) and

(b)(1) and with

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

(b)(2).

Pleaded guilty to

distributio

n

charge; the district

court dismissed

possession charge

on government

motion.

169 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the

Eleventh Circuit

affirmed the sentence.

Child

Pornography

2-Jul-08

Russell E. Bretan

v. U.S., 06-

0857-

pr, 282 Fed. Appx.

932

Possession of child

pornography

, receipt

of child pornography,

attempted possession

of child pornography,

and attempted receipt

of child pornography,

all in violation of 18

U.S.C. § 2252A

Pleaded guilty to

all four count

s

57 months of

imprisonment and

three-year term of

supervised release

The defendant did not

appeal his conviction

or sentence; a

year

later, he filed an

instant petition seeking

to vacate, set aside, or

correct his sentence.

The district court

denied the petition.

The U.S. Court of

Appeals for the

Second Circuit

affirmed the

conviction and

sentence imposed by

the district court.

Child

Pornography

3-Jul-08

U.S. v. Bryan

Dodds, 07-

3403,

532 F.3d 703

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty 30 months of

imprisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

145

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Circuit affirmed the

sentence.

Child

Pornography

7-Jul-08 U.S. v. Tron Kent,

07-2920, 531 F.3d

642

Multiple counts,

including one count of

possessing child

pornography and one

count of producing

child pornography.

The other charges were

drug- and firearm-

related.

Convicted Life in prison The defendant

appealed his sentence,

arguing t

hat his motion

to suppress should

have been granted;

expert DNA testimony

and prior convictions

should have been

excluded; his motion

for acquittal should

have been granted;

jury instructions were

erroneous; and life

imprisonment for a

drug crime violates the

Eighth Amendment.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

mandatory life

sentence.

Child

Pornography

17-Jul-08

U.S. v. Richard

Allen Hicks, 07-

2245

, 284 Fed.

Appx. 998

Distribution of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(2)(A)

Pleaded guilty in a

plea agreement

which stipulated a

15-year sentence

17 years and six-

month prison term

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Third

Circuit affirmed.

Child

Pornography

17-Jul-08

U.S. v. Robert Ray

Burnett Godd

ard,

07-50402, 537

Possession of child

porno

graphy in

violation of 18 U.S.C.

Pleaded guilty 63 months of

imprisonment and

10-year term of

The defendant

appealed his sentence,

objecting to some of

146

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

F.3d 1087 § 2252A(a)(5)(B) supervised release the special conditions.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed in part

and remanded in part.

Child

Pornography

22-Jul-08

U.S. v. Bruce W.

Betcher, 07-2173,

534 F.

3d 820

24 counts of

productio

n of child

pornography in

violation of 18 U.S.C.

§ 2251(a) and (b); one

count of receipt of

child pornography in

violation of 18 U.S.C.

§ 2252(a)(2); one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted Consecutive terms

of im

prisonment

for the statutory

maximum on all

counts for a total

of 9000 months, or

750 years

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Eighth Circuit

affirmed the

conviction and

sentence. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

30-Jul-08

U.S. v. Samuel E.

Baker, Jr., 06-

4075

7, 538 F. 3d

324

Possessing, receiving,

and distributi

ng child

pornography in

violation of 18 U.S.C.

§ 2252 and 18 U.S.C.

§ 2252A

Convicted Not stipulated The U.S. Court of

Appeals for the Fifth

Circuit vacate

d his

conviction on count

one (distribution),

affirmed convictions

on counts two, three,

and four, and

remanded the case for

re-sentencing. U.S.

Supreme Court:

certiorari denied.

147

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography

8-Aug-08

U.S. v. Donald W.

Bain, Jr., 0

7-2981,

537 F.3d 876

1) receiving and

distributin

g child

pornography; 2)

possession of child

pornography in

violation of 18 U.S.C.

§§ 2252(a)(2) and

2256

Pleaded guilty 210 months of

im

prisonment for

count one and 120

months for count

two, served

concurrently

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affir

med the

sentence.

Child

Pornography

12-Aug-08

U.S. v. Matthew

Powills, 07-2

887,

537 F.3d 947

Knowingly receiving

child por

nography in

violation of 18 U.S.C.

§ 2252(a)(2) and

knowingly possessing

child pornography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Pleaded guilty

without enteri

ng

into a plea

agreement

262 months of

i

mprisonment with

180 months to run

consecutively to

an undischarged

state sentence

The defendant

appealed the sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affir

med.

Child

Pornography

15-Aug-08

U.S. v. Tyrone

Alan Gan

oe, 07-

50195, 538 F.3d

1117

Charged with three

counts of k

nowingly

receiving child

pornography and one

count of knowingly

possessing child

pornography, all in

violation of 18 U.S.C.

§ 2252A

Convicted on

counts one, t

wo,

and four.

Acquitted on

count three.

96 months of

imprisonment,

$15,000 fine, and

five years of

supervised release

The defendant

appealed his

conviction and filed a

motion to suppress

evidence. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed the

conviction and

affirmed the denial of

the motion to suppress

evidence.

Child

Pornography

29-Aug-08

U.S. v. Harry John

Daniels, 07-

5024

2, 541 F.3d

One count of

possession of child

porno

graphy in

Pleaded guilty

under a plea

agreement

51 months of

imprisonment and

a lifetime term of

The defendant sought

review of part of his

sentence, namely the

148

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

915 violation of 18 U.S.C.

§ 2252A(a)(5)(B)

supervised release length of and some of

the conditions of the

supervised release.

The U.S. Court of

Appeals for the Ninth

Circuit affirmed all

parts of his sentence

except for the sixth

condition of his

supervised release.

The court vacated and

remanded condition

six.

Child

Pornography

2-Sep-08

U.S. v. Paul R.

Griesbach, 07-

3357

, 540 F.3d

654

Knowingly possessing

child por

nography in

violation of 18 U.S.C.

§ 2252(a)(4)(B)

Convicted

(unclear if by jur

y

or plea)

10 years of

imprisonment

The defendant

appealed, challenging

the denial of his

motion to suppress

evidence. The U.S.

Court of Appeals for

the Seventh Circuit

affirmed. U.S.

Supreme Court:

certiorari denied.

Child

Pornography

19-Sep-08

U.S. v. Steven

Bruce Cartier, 07-

3222

, 543 F.3d

442

One count of sexual

exploitation o

f minors

in violation of 18

U.S.C. § 2251(a) and

(e); one count of

possession of materials

involving sexual

exploitation of minors

in violation of 18

Pleaded guilty Not stipulated The defendant

appealed his

conviction an

d

challenged the denial

of his motion to

suppress evidence. The

U.S. Court of Appeals

for the Eighth Circuit

affirmed.

149

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

U.S.C. § 2252(a)(4)(B)

and (b)(2); one count

of making false

statements; and eight

counts of receipt of

materials involving the

sexual exploitation of

minors in violation of

18 U.S.C. § 2252(a)(2)

and (b)(1)

Child

Pornography

23-Sep-08

U.S. v.

Christopher J.

MacMill

en, 07-

3377-cr, 544 F.3d

71

Possessing child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 78 months of

imprisonment

followed by a life

term of supervised

release with

special conditions

On appeal, the

defendant challenged

two special conditi

ons

of his supervised

release. The U.S.

Court of Appeals for

the Second Circuit

affirmed.

Child

Pornography

26-Sep-08

U.S. v. Sonny I.

Szeto, 0

7-1161-cr,

294 Fed. Appx.

629

Using an interstate

facility

to engage in

sexual activity with a

minor in violation of

18 U.S.C. § 2422(b)

and possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 168 months of

im

prisonment and

a life term of

supervised release

The defendant

appealed his sentence.

The U.S. court of

Appeals for the

Second Circuit

affirmed the judgment

of the district court.

Child

Pornography

29-Sep-08

U.S. v. Jay Martin

Schene, 07-6

177,

543 F.3d 627

Five counts of

knowingl

y possessing

material that contained

an image of child

Convicted 60 months of

imprisonment

followed by two

years of

The defendant

appealed his

conviction and

sentence. The U.S.

150

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

pornography that was

produced using

materials that had been

mailed, shipped, or

transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

supervised release Court of Appeals for

the Tenth Circuit

affir

med the

conviction and

sentence.

Child

Pornography

15-Oct-08

U.S. v. Donald J.

Anson, 07

-0377-

cr, 304 Fed. Appx.

1

1) and 2) transporting

child por

nography in

violation of 18 U.S.C.

§ 2252A(a)(1); 3)

receiving child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(A); 4)

possessing a computer

that contained child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B); and

38 counts of

possessing child

pornography that had

been transported by

computer in violation

of 18 U.S.C. §

2252A(a)(5)(B)

Convicted 288 months of

im

prisonment

including a

consecutive 48-

month term for

count four,

followed by a life

term of supervised

release

The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the Second Circuit

affirmed the

conviction but

remanded the case for

reconsideration or

explanation of the

District Court’s

decision to impose a

consecutive sentence

for count four.

Child

Pornography

20-Oct-08

U.S. v. Graeme

Pierson, 08-1

335,

544 F.3d 933

Attempted production

of child p

ornography

in violation of 18

U.S.C. § 2251(a) and

Convicted on both

counts

300 months of

imprisonment

The defendant

challenged the

sufficiency of

evidence, the

151

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Original

Plea/Verdict Sentence Appeals /Motions Topic Date Case Violation(s)

attempting to induce a

child to engage in

criminal sexual

activities in violation

of 18 U.S.C. § 2422(b)

admission at trial of a

prior conv

iction for

indecent contact with a

child, and the

application of a

mandatory minimum

sentence based on a

qualifying prior

conviction under state

law. The U.S. Court of

Appeals for the Eighth

Circuit affirmed.

Child

Pornography

20-Oct-08

U.S. v. Walter M.

Schales, 07-1

0288,

546 F.3d 965

Receiving or

distributin

g material

and possessing

material that involved

the sexual exploitation

of minors in violation

of 18 U.S.C. §

2252(a)(2) and

(a)(4)(B)

Convicted Concurrent terms

of 210

months of

imprisonment on

counts one and

three and 120

months on count

two, followed by a

life term of

supervised release

(includes

violations of other

laws)

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Ninth Circuit

affirmed his

conviction and

sentence, except that

the case was remanded

to the district court to

vacate either the

conviction for

receiving material in

violation of 18 U.S.C.

§ 2252(a)(2) or his

conviction for

possessing material in

violation of 18 U.S.C.

§ 2252(a)(4)(B). U.S.

Supreme Court:

152

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

certiorari denied.

Child

Pornography

4-Dec-08

U.S. v. John

Hotaling, 1:07-

CR-580, 59

9 F.

Supp. 2d 306

The heads of the six

minor fem

ales,

including the

defendant’s daughter

and her friends, had

been “cut” from

original non-

pornographic images

and “pasted” over the

heads of unidentified

nude or partially nude

females in various sex

acts and/or lascivious

poses obtained via the

Internet, in violation of

18 U.S.C. §

2252A(a)(5)(B))

Motion to dismiss

indictm

ent

Not stipulated Defendant moved to

dismiss the indictment

on the grounds that the

definition of child

pornography in 18

U.S.C. § 2256(8)(C)

was unconstitutional

because it criminalized

mere possession of

“morphed”

pornographic images.

The court held that 18

U.S.C. § 2256(8)(C),

which criminalized

morphed images of

child pornography

created without the

filming or

photographing of

actual sexual conduct

on the part of an

identifiable minor, did

not violate the First

Amendment.

Defendant’s motion to

dismiss the indictment

was denied.

Child

Pornography

22-Dec-08

U.S. v. Todd

O’Brien, 08-1354-

cr, 303 Fed.

Appx.

948

Possession of child

porno

graphy in

violation of 18 U.S.C.

§§ 2252A(a)(5)(B) and

Pleaded guilty 27 months of

imprisonment

followed by a

three-year-term of

The defendant

appealed on the

grounds that the court

erred in denying

153

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

2256(8) supervised release

and forfeiture of

computers seized

from defendant’s

residence

suppression of certain

evidence. The U.S.

Court of App

eals for

the Second Circuit

affirmed.

Child

Pornography

16-Jan-09

U.S. v. William

Graziano

, 07-

5120-cr, 306 Fed.

Appx. 693

1) knowingly receiving

child por

nography that

had been transported in

interstate commerce in

violation of 18 U.S.C.

§ 2252A(a)(2)(A) and

2) knowingly

possessing material

containing an image or

images of child

pornography that had

been transported in

interstate commerce in

violation of 18 U.S.C.

§ 252(a)(5)(B)

Pleaded guilty to

possession charge;

receipt charg

e

dismissed.

Defendant waived

his right to appeal

his conviction or

any sentence of

108 months or

less.

87 months of

im

prisonment

The defendant

appealed his

conviction and

sentence. The U.S.

Court of Appeals for

the Second Circuit

affirmed the

conviction and

sentence.

Child

Pornography

27-Jan-09

U.S. v. Thomas J.

Adrignola, 06-

0546-cr, 200

9 U.S.

App. LEXIS 1487

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Pleaded guilty 120 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. court of

Appeals for the

Second Circuit

affirmed the judgment

of the district court.

Child

Pornography

28-Jan-09

U.S. v. Stefan

Irving

, 07-1312-cr,

554 F.3d 64

Two counts of

traveling outs

ide the

U.S. for the purpose of

engaging in sexual acts

Convicted Concurrent terms

of 262 months of

imprisonment for

each count; two

The defendant

appealed and on

remand pursuant to

U.S. v. Crosby, 397

154

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

with children under

age 18 in violation of

18 U.S.C. § 2423(b),

one count of traveling

outside the U.S. for the

purpose of engaging in

sexual acts with

children under the age

of 12 in violation of 18

U.S.C. § 2241(c); one

count of receipt of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)(B); one

count of possession of

child pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

concurrent five-

y

ear terms of

supervised release

on counts three

and four; three

concurrent three-

year terms of

supervised release

on counts one, two

and five; $200,000

fine; and $500

special assessment

F.3d 103, the district

court declined to

resentence th

e

defendant. The

defendant again

appealed, and the U.S.

Court of Appeals for

the Second Circuit

affirmed the district

court’s decision.

Child

Pornography

2-Feb-09

U.S. v. Andrew

Lewis, 07-14

62,

554 F.3d 208

Receipt of child

porno

graphy in

violation of 18 U.S.C.

§ 2252(a)(2)

Convicted Not stipulated The defendant

appealed his

conviction. T

he U.S.

Court of Appeals for

the First Circuit

affirmed the

conviction.

Child

Pornography

12-Feb-09

Keith Nelson v.

U.S., CV09-0

090

AWI and CR 07-

0134 AWI, 2009

U.S. Dist. LEXIS

16196

One count of

possession of material

involv

ing the sexual

exploitation of minors

in violation of 18

U.S.C. § 2252(a)(4)(B)

Pleaded guilty 30 months of

im

prisonment

The defendant filed a

series of motions. The

district court denied

the defendant’s motion

to vacate, correct, or

set aside his sentence;

all motions for

155

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

reconsideration; and

the motion for

certificate of appeal

ability.

Child

Pornography

13-Feb-09

U.S. v. Jim Bryan

Autery, 07-30

424,

555 F.3d 864

Possession of child

porno

graphy in

violation of 18 U.S.C.

§ 2252A(a)(5)(b)

Pleaded guilty Five years of

probation

The government did

not initially object to

the sentence but later

appealed, arguing that

it was substantively

unreasonable. The

U.S. Court of Appeals

for the Ninth Circuit

affirmed the sentence.

Child

Pornography

20-Feb-09

Connection

Distributing Co.;

Rondee Kamins;

Jane Doe; John

Doe v. Eric H

.

Holder, Jr., 06-

3822,

09a0063p.06; 557

F.3d 32

Magazine publishers

and potential

advertisers brought

an

action against U.S.

attorney general

seeking to enjoin

enforcement of the

portion of 18 U.S.C. §

2257 which imposed

record-keeping

requirements for

depictions of sexually

explicit conduct.

Enjoin

enforcem

ent

Not stipulated Appeal of an order of

the U.S. District Court

for the Northern

District of Ohio which

granted summary

judgment to the

attorney general. The

publishers contended

that the requirements

under 18 U.S.C. §

2257, that the

publishers maintain

records of the

advertisers’ identities

and ages, violated the

constitutional freedom

of speech. The order

granting summary

judgment to the

156

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

attorney general was

affirmed.

Child

Pornography/

Solicitation

24-Apr-01

U.S. v. Patrick

Neal Champion,

00-56

30, 248 F.3d

502

1) using the Internet to

coerce and en

tice a

minor to engage in a

sexual act in violation

of 18 U.S.C. §

2422(b); 2)

transporting a minor

across state lines with

intent to engage in

criminal sexual

activity in violation of

18 U.S.C. § 2423(a);

3) sexually exploiting

a minor in violation of

18 U.S.C. § 2251(a);

4) possession of film

depicting minors in

sexually explicit

conduct in violation of

18 U.S.C. §

2252(a)(4)(B)

Pleaded guilty 160 months of

im

prisonment;

three-year term of

supervised release

The defendant

appealed his sentence,

arguing t

hat he should

not have been

sentenced as a career

offender. The U.S.

Court of Appeals for

the Sixth Circuit

affirmed.

Child

Pornography/

Solicitation

17-Aug-01

U.S. v. Catalin

Livio Buculei, 00-

4584

, 262 F.3d

322

Five counts of

knowingl

y employing,

using, persuading,

inducing, and enticing

a minor to engage in

sexually explicit

conduct for the

purposes of producing

a visual depiction that

Convicted Unclear:

maxim

um penalty

for counts one,

two, four, and five

and the minimum

(240 months of

imprisonment) for

count three, with

the sentences

The defendant

appealed his

conviction an

d

sentence. The U.S.

Court of Appeals for

the Fourth Circuit

affirmed the

conviction and

sentence.

157

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

would be transported

in interstate commerce,

in violation of 18

U.S.C. §§ 2251(a) and

2251A(b)(2)

running

concurrentl

y

Child

Pornography/

Solicitation

29-Oct-01

U.S. v. Lynn

Duane Rayl, 01-

1338

, 270 F.3d

709

1) enticing a minor to

engage in sexually

explicit conduct to

produce a vis

ual

depiction in violation

of 18 U.S.C. §

2251(a); 2) using

interstate facilities to

entice a minor to

engage in sexual

activity in violation of

18 U.S.C. § 2422(b);

3) knowing interstate

transportation of child

pornography by means

of a computer in

violation of 18 U.S.C.

§ 2252A(a)(1); 4)

knowing possession of

materials containing

child pornography

transported in

interstate commerce by

any means, including

computers in violation

of 18 U.S.C. §

2252A(a)(5)(B)

Convicted on all

counts

405 months of

im

prisonment on

count one, lesser

concurrent

sentences on

remaining three

counts

The defendant

appealed. The U.S.

Court of App

eals for

the Eighth Circuit

affirmed.

158

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Child

Pornography/

Solicitation

1-Jun-07

U.S. v. William

James

Gallendardo

, 07-

04-BU-DWM, 540

F. Supp. 2d 1172

Defendant’s three-

count in

dictment

included one count of

possession of child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(5)(B) and

one count of sexual

exploitation of

children in violation of

18 U.S.C. § 2251(a)

Unclear Not stipulated The U.S. District

Court for the

District

of Montana, Butte

Division, denied the

defendant’s motion to

dismiss the indictment.

The plea agreement

deadline was extended

to June 4, 2007.

Child

Pornography/

Solicitation

10-Oct-07

U.S. v. Henry G.

McGrattan, 06-

3043

, 504 F.3d

608

One count of using a

co

mputer connected to

the Internet to

persuade a minor to

engage in illegal

sexual activity in

violation of 18 U.S.C.

§ 2422(b) and one

count of knowingly

receiving and

distributing child

pornography in

violation of 18 U.S.C.

§ 2252A(a)(2)

Initially pleaded

not guilt

y but later

changed his plea

to guilty on both

counts

Unclear; the

district court

sentenced the

defendant to 20

years of

imprisonment; five

years of

supervised release;

$200 assessment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Sixth

Circuit vacate

d the

sentence and

remanded the case for

resentencing.

Child

Pornography/

Solicitation

5-Dec-07

U.S. v. Bart

Linden Holt, 06-

3059

7, 510 F.3d

1007

Coercing and enticing

a

minor to engage in

sexual activity in

violation of 18 U.S.C.

§ 2422(b) and

possession of child

pornography in

Pleaded guilty 120 months of

im

prisonment

followed by 15

years supervised

release

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Ninth

Circuit affir

med the

sentence.

159

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

violation of 18 U.S.C.

§ 2252A(a)(5)(B)

Child

Pornography/

Solicitation

23-Jun-08

U.S. v. David Evan

Starr, 0

7-2397,

533 F.3d 985

Nine counts of sexual

exploitation

of a child;

receipt of child

pornography; and

possession of child

pornography, in

violation of 18 U.S.C.

§§ 2251(a), 2251(e),

2252A(a)(2)(A),

2252A(b)(1), and

2252(a)(5)(B)

Convicted 720 months of

im

prisonment

The defendant

appealed his sentence.

The U.S. Court of

Appeals for the Eighth

Circuit affirmed the

sentence.

Solicitation 14-May-01

U.S. v. Robert E.

Farner, 00-2

0424,

251 F.3d 510

Persuading and

enticing a m

inor to

engage in criminal

sexual activity in

violation of 18 U.S.C.

§ 2422(b)

Convicted 15 months of

im

prisonment

Appeal based on

grounds that no crime

was committed

because the “minor”

involved was actually

an adult federal agent

portraying a minor.

Appeal denied,

conviction affirmed.

Solicitation 25-Jul-03

U.S. v. Brian

Panfil, No.

02-

15627, 338 F.3d

1299

Using the Internet to

persuade a

minor to

engage in illegal

sexual activity in

violation of 18 U.S.C.

§ 2422(b)

Pleaded guilty 33 months of

imprisonment

Appeal based on

statute terms “entice”

and “induce” being

unconstitutionally

overbroad and vague.

Appeal denied,

conviction affirmed.

160

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Solicitation 19-Apr-04

U.S. v. Jeffery

Mee

k, 03-10042,

366 F.3d 705

Using the Internet to

induce a m

inor to

engage in sexual

activity in violation of

18 U.S.C. § 2422(b)

Pleaded guilty Not stipulated Appeal of denial of

m

otion to suppress

evidence and to

dismiss the indictment

regarding a detective

assuming a minor’s

identity to

communicate with

defendant in instant

messaging

conversations.

Judgment affirmed,

appeal denied.

Solicitation 08-Jun-04

U.S. v. Rakesh

Dhingra, 03-

1000

1, 371 F.3d

557

Using the Internet to

solicit sexual activity

from a 14-year-old

victim in violation of

18 U.S.C. § 2422(b)

Convicted 24 months of

custody

and three

years of probation

Appeal based on belief

that 18 U.S.C. §

2422(b) was

unconstitutional

because it is

overbroad. Conviction

and sentence affirmed.

Solicitation 05-Jan-05

U.S. v. Jeffery A.

Johnson

, 97-CR-

0206, 98-CR-160,

446 F.3d 272

Using the Internet to

entice m

inors to

engage in sex and

engaging in physical

sexual contact with

minors under 18

U.S.C. §§ 2422(b),

2423(b), and

2252(a)(1)

Convicted 88 months of

im

prisonment,

followed by three

years of

supervised release

Defendant challenged

a condition

of his

supervised release that

prohibited him from

using the Internet,

except for employment

purposes. Judgment

affirmed.

Solicitation 28-Jul-05

U.S. v. Edgar Joe

Searcy

, 03-16282,

Using an internet

service provider to

Convicted 180 months of

im

prisonment

Appealed defendant

classification as career

161

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

418 F.3d 1193, knowingly persuade,

induce, entice, or

coerce a minor to

engage in unlawful

sexual activity in

violation of 18 U.S.C.

§ 2422(b)

offender. Appellate

court agreed with the

district court’s

conclusion th

at 18

U.S.C. § 2422(b)

constituted a crime of

violence for career

offender classification

purposes.

Solicitation 10-Aug-05

U.S. v. Samuel

Alan M

orton, 02-

16809, 144 Fed.

Appx. 804

Exploitation of a minor

in violatio

n of 18

U.S.C. §§

2252A(a)(1), (a)(4),

and 2422(b)

Pleaded guilty to

18 U.S.C. §

§

2252A(a)(1),

(a)(4), and

2422(b)

148 months of

im

prisonment

Appealed claiming

contact with

undercover police

officers portraying

someone less than 16

years old, not actual

minors. Sentence

affirmed.

Solicitation 17-Nov-05

U.S. v. Mauro

Casteneda

Palacio, 05-

5025

7, 155 Fed.

Appx. 131

Using a computer with

Internet acce

ss to

attempt to entice a

minor to engage in

sexual activity in

violation of 18 U.S.C.

§ 2422

Convicted Not stipulated Appeal based on

contention that the

testi

monies of the

minor witnesses from

his prior offense

should not have been

admitted into

evidence. Judgment

affirmed.

Solicitation 12-Dec-05

U.S. v. Andreas

Rojas, 04-

14825,

145 Fed. Appx.

647

Using a facility of

interstate co

mmerce to

entice a person under

18 years of age to

engage in criminal

Convicted Not stipulated Defendant asserted 18

U.S.C. § 2422(b) was

unconstituti

onally void

for vagueness as it

failed to clearly define

162

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

sexual contact in

violation of 18 U.S.C.

§ 2422(b)

the proscribed

conduct, and the

statute implied the

requirement that the

offense involve some

form of transportation

in interstate

commerce. Conviction

affirmed.

Solicitation 28-Dec-05

U.S. v. Jospeh

Haynes

, 04-15944,

160 Fed. Appx.

940

Knowingly attempting

to persuade, induce,

entice, and coerce a

minor to enga

ge in

prohibited sexual

activity, in violation of

18 U.S.C. § 2422(b)

Convicted 78 months of

im

prisonment

Appeal of conviction

and sentence on basis

that defendant did not

meet all requirements

for sentencing

guidelines.

Defendant’s

conviction was

affirmed, but his

sentence was vacated

and the matter

remanded for

resentencing.

Solicitation 05-Jan-06

U.S. v. Thomas M.

Schnepper, 04-

1010

0, 161 Fed.

Appx. 678

Using the Internet to

send obscene

photo

graphs to and

soliciting sex from

someone believed to

be a minor in violation

of 18 U.S.C. §

2422(b), 18 U.S.C. §

1470

Convicted 60 days of

im

prisonment

Appeal based on belief

defendant was

entrapped,

communications were

with undercover law

enforcement officer,

not a minor.

Conviction and

sentence upheld.

163

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Solicitation 08-May-06

U.S. v. Guilford

Wa

tson, III, 05-

13555, 179 Fed.

Appx. 663

Interstate enticement

of m

inor to engage in

illegal sexual activity

and child pornography

distribution pursuant to

18 U.S.C. §§ 2422(b),

2252A(a)(2)(A)

Convicted 262 months of

im

prisonment

Appeal based on belief

images confiscated in

investigation were not

of real children.

Conviction affirmed.

Solicitation 10-May-06

U.S. v. Todd

Tykarsk

y, 04-

4092, 446 F.3d

458

Using the Internet to

send sexually explicit

instant mess

ages to a

minor and arranging to

meet her in another

state for sexual

intercourse, in

violation of 18 U.S.C.

§§ 2422(b), 2423(b)

Convicted 10 years of

im

prisonment

Appeal based upon

instant message

communications with

an undercover FBI

agent portraying a 14-

year-old girl in a chat

room, not an actual

minor. Conviction

affirmed.

Solicitation 26-Jun-06

U.S. v. Jan P.

Helder, Jr., 0

5-

3387, 452 F.3d

751

Using a facility of

interstate co

mmerce,

the Internet, to attempt

to entice a minor to

engage in illegal

sexual activity in

violation of 18 U.S.C.

§§ 2422(b), 2423(b)

U.S. District Court

for the Western

District of

Missouri, after a

jur

y returned a

guilty verdict,

granted

defendant’s

motion for

judgment of

acquittal, due to

lack of

involvement of an

actual minor.

Not stipulated Government appeal

based on defendant’

s

belief he was

communicating with

minor over Internet.

The court reversed the

order of the district

court granting

defendant’s motion for

judgment of acquittal

and remanded the case

to the district court for

sentencing.

164

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

Solicitation 10-Aug-06

U.S. v. Billy G.

Hicks

, 05-3670,

457 F.3d 838

Using the Internet and

telephone and

traveling interstate to

entice a minor into

engaging in a sexual

act, in violation of 18

U.S.C. § 2422(b)

Indictment

dism

issed

Not stipulated The government

appealed after the U.S.

District Court for the

Western District of

Missouri dismissed the

indictment filed

against defendant. The

court reversed the

district court’s order

dismissing the

indictment and

remanded the case

back for proceedings

consistent with its

opinion.

Solicitation 18-Dec-06

U.S. v. Daniel

Jasen Thrift, 06-

1219

8, 205 Fed.

Appx. 816

Violations of 18

U.S.C. §§ 2

422(b) and

other charges (2423(b)

and (e), and 922(g)(1)

and (2))

Convicted 97 months of

imprisonment

Appeal based upon

belief that district

court erred in applying

an upward departure to

his sentence. Sentence

for enticement

affirmed.

Solicitation 16-Jan-07

U.S. v. Adam G.

M

cDaniel, 06-

80058-CR-

ZLOCH, 470 F.

Supp. 2d 1372

Sexual conduct with a

minor under

18 U.S.C.

§§ 2422(b), 2423(b),

2246

Pleaded guilty Imprisonment of

120 months

followed by 10

years of

supervision

Appeal based on

grounds that sentence

is above advisory

range. Appeal denied.

Solicitation 01-Feb-07

U.S. v. Thomas

Edward

Bohan

non, 05-

16492 , 476 F.3d

Corresponded in an

Internet chat room

with an undercover

officer posing as a 15-

Pleaded guilty 120 months of

imprisonment

Appealed

enhancement of

sentence by district

court. Appeal denied.

165

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

1246 year-old girl, arranged

to meet at a hotel for

sex and to produce

sexually explicit visual

material, in violation

of 18 U.S.C. § 2422(b)

Solicitation 30-Jul-07

U.S. v. John T.

Spurlock

, 06-3262,

495 F.3d 1011

Knowingly transferred

obscene

matter to an

individual believed to

have not attained the

age of 16 years in

violation of 18 U.S.C.

§ 1470

Convicted Concurrent 168

and 120

months of

imprisonment

(includes other

convictions)

Appealed based on

groun

ds that

communications were

sent to undercover law

enforcement officer,

not an actual minor.

Conviction and

sentence affirmed.

Solicitation 22-Oct-07

U.S. v. Frank

Gagliardi

, 06-

4541-cr, 506 F.3d

140

Engaging in sexual

conversations in

Internet chat room

s

with government

agents portraying

minors. One count of

attempting to entice a

minor to engage in

illegal sexual activity

pursuant to 18 U.S.C.

§ 2422(b)

Convicted 60 months of

im

prisonment

Defendant appealed

and claimed there was

no actual minor

involved in Internet

chat room sexual

conversations. The

court affirmed the

conviction.

Solicitation 25-Oct-07

U.S. v. Fidencio

Saucedo, 07-

2028

6, 2007 U.S.

Dist.

Using a computer

connected to

the

Internet to knowingly

attempt to persuade,

induce, coerce, and

entice an individual

Motion to dismiss

indictm

ent

Not stipulated Defendant seeks to

dismiss the indictment

on the grounds that the

statute does not

encompass (1)

communication with a

166

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

who had not attained

the age of 18 years to

engage in sexual

activity in violation of

18 U.S.C. § 2422(b)

“decoy parent,” and

(2) the facts in the

indictm

ent do not

establish that Saucedo

took a substantial step

towards the

commission of the

crime. The motion was

denied.

Solicitation 20-Nov-07

U.S. v. Matthew

Dwinells, 06-1709

,

508 F.3d 63

Enticing young girls to

engage in acts that

would violate Mass.

Gen. Laws ch

. 265, §

23 (2007) or Mass.

Gen. Laws ch. 272, §

35A (2007), in

violation of 18 U.S.C.

§ 2422(b)

Convicted 51 months of

im

prisonment

Defendant argued that

an additional “intent”

element should be read

into 18 U.S.C. §

2422(b): an intent that

the enticed conduct

actually take place.

Court of appeals

disagreed and denied

appeal.

Solicitation 17-Apr-08

U.S. v. James

Rudzavice, 4:07-

CR-138-A, 5

48 F.

Supp. 2d 332

Transferred obscene

materi

al to individual

believed to have not

attained age of 16

years in violation of 18

U.S.C. § 1470

Motion to dismiss

indictm

ent

Not stipulated Motion based on

statute’s failure to

define sexual conduct,

violation of First

Amendment,

community standards,

and confrontation

rights. Motion denied.

Solicitation 27-May-08

U.S. v. Mark

Ciesiolka, 2:06-

CR-163, 20

08

U.S. Dist.

Using the Internet and

a chat room

to contact

and entice a minor in

violation of 18 U.S.C.

Convicted Not stipulated Appeal based on

improper jury

instructions. The jury

instructions were

167

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

Topic Date Case Violation(s)

Original

Plea/Verdict

Sentence Appeals /Motions

§ 2422(b) deemed proper and the

motion was denied.

Solicitation 18-Nov-08

U.S. v. Gary

Wayne Ross, 06-

0063

7, 2008 U.S.

Dist.

Using the Internet to

induce a m

inor,

portrayed by a law

enforcement officer, to

engage in criminal

sexual conduct, in

violation of 18 U.S.C.

§ 2422(b)

Convicted Not stipulated Appeal based on

following claims: (1)

the court gave the jur

y

misleading or

inadequate jury

instructions; (2) the

court erroneously

excluded testimony

from witness; (3) the

evidence was

insufficient to convict

the defendant.

Defendant’s motion

for a new trial was

denied.

168

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

STATE CASES

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

CA Child

Pornography

2-Jul-02

People v. Anthony

Hurtado

,

D038368, 2002

Cal. App. Unpub.

LEXIS 6182

1) causing distribution

of child p

ornography

in violation of Penal

Code § 311.1(a); 2)

advertising for the

sale or distribution of

child pornography in

violation of Penal

Code § 311.10; 3-5)

possession of child

pornography in

violation of Penal

Code § 311.11(a); 6-

8) developing and

exchanging child

pornography in

violation of Penal

Code § 311.3(a)

Pleaded guilty to

count o

ne in

exchange for the

dismissal of count

two; remaining

counts dismissed

per statute of

limitations

Probation and sex

offender

registration

The defendant

appealed, arguing that

such registrat

ion

constituted cruel and

unusual punishment

and that the trial judge

lacked sufficient

evidence. The

appellate court

affirmed.

CA Child

Pornography

3-Oct-03

People v. Vaughn

Jacobs, D041

185,

2003 Cal. App.

Unpub. LEXIS

9501

One count of

attem

pted forcible

lewd act upon a child;

one count of

attempted lewd act

upon a child; 20

felony counts of

distributing matter

depicting a person

under the age of 18 in

sexual conduct; and

100 misdemeanor

counts of possessing

Pleaded guilty to

all charges an

d

admitted to prior

strike conviction

under California’s

Three Strikes law

Prison term of

nine y

ears and

four months

The defendant

appealed the sentence,

contending the court

abused its discretion

by not striking the

prior strike conviction

and failing to stay the

five-year

enhancement resulting

from the prior serious

felony conviction

finding. The appellate

court affirmed the

169

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

matter depicting a

person under the age

of 18 in sexual

conduct in violation of

Penal Code §§

311.1(a) and

311.11(a)

judgment.

CA Child

Pornography

30-Apr-04

People v. James

Henry Timbe

rlake,

B163233, 2004

Cal. App. Unpub.

LEXIS 4318

Two counts of

co

mmitting lewd acts

upon children under

age 14; four counts of

committing lewd acts

upon children aged

14-15 years; two

counts of continuous

sexual abuse of

children; forcible rape

of a minor; possession

or control of child

pornography in

violation of Penal

Code § 311.11

Convicted on all

charges.

Additionall

y, jury

found defendant

had committed

lewd acts against

more than one

child and had two

prior strike

convictions

within the Three

Strikes law.

247-year prison

term

, restitution

fine, suspended

parole revocation

fine

The defendant

appealed. The

appellate court, with

one dissenting

opinion, affirmed in

part and reversed in

part. Count 6 (rape)

was struck due to

insufficiency of

evidence, and the

corresponding 25

years to life sentence

was vacated. The

remaining sentence of

222 years remained in

effect.

CA Child

Pornography

23-Jun-05

People v. Alfonso

Ozaeta, A107

359,

2005 Cal. App.

Unpub. LEXIS

5425

20 counts of

co

mmitting lewd and

lascivious acts upon a

minor; one count of

coercing a minor to

participate in child

pornography in

violation of Penal

Code § 311.11(a)

Pleaded no

contest to counts

11 thr

ough 20 of

lewd acts charges

and the child

pornography

count, so long as

the prison term

would not exceed

Three years of

im

prisonment on

count 11 and nine

consecutive terms

of eight months

each on the

remaining counts,

for a total term of

nine years

The defendant

appealed, contending

that his up

per term

sentence violated the

Sixth Amendment

under Blakely v.

Washington, 124 S.

Ct. 2531. The

appellate court

170

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

nine years affirmed the sentence.

CA Child

Pornography

1-Nov-05

People v. Charles

Roger Noppe,

E0366

78, 2005

Cal. App. Unpub.

LEXIS 10007

Four counts (first

victim

) of sexual

battery and

committing lewd and

lascivious acts on a

person under the age

of 16; four counts

(second victim) of

sexual battery; five

counts of committing

lewd and lascivious

acts on a person under

the age of 16; three

counts of kidnapping;

misdemeanor

possession of child

pornography in

violation of Penal

Code § 311.11

Convicted Prison term of 26

y

ears and eight

months

The defendant

appealed, claiming

defects in his

conviction of

possessing child

pornography and

insufficiency of

evidence, jury

instruction, and

sentencing error in the

other convictions. The

appellate court struck

two of the kidnapping

convictions and

remanded the case for

resentencing.

CA Child

Pornography

16-Dec-05

People v. Edward

Lee Learn,

A10908

4, 2005

Cal. App. Unpub.

LEXIS 11569

Two counts of

attem

pting to send

harmful material to a

minor; one count of

willful failure to

register as a sex

offender; one count of

indecent exposure;

one count of

possession of child

pornography in

violation of Penal

Initially pleaded

not guilt

y, then

changed his plea

to guilty to count

one and admitted

to violating the

state’s Three

Strikes law in

return for the

dismissal of

counts two

through five

N/A N/A

171

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

Code § 311.11(a)

CA Child

Pornography

17-Feb-06

People v. Larry

Brandon

Stone,

D046315, 2006

Cal. App. Unpub.

LEXIS 1428

One count of oral

copulation wi

th a

minor and one count

of employing a minor

to perform prohibited

sexual acts in

violation of Penal

Code § 311.4(c)

Pleaded guilty

after m

otion to

suppress evidence

was denied

Sentence

suspended;

defendant placed

on formal

probation with

certain terms and

conditions

The defendant

appealed, contending

agents lacked

probable cause to

search his residence

and seize his

computer. The

appellate court

affirmed.

CA Child

Pornography

30-Jan-08

People v. John

Dale Nicholls II,

C05425

2, 159 Cal.

App. 4th 703

Three counts of lewd

and lascivious

conduct u

pon a child

under age 14; three

misdemeanor counts

of annoying or

molesting a child; five

misdemeanor counts

of possession of child

pornography in

violation of Penal

Code § 311.11

Pleaded no

contest to all

charges

Six years of

im

prisonment on

count 1;

concurrent six-

year terms on

counts 2 and 3;

concurrent 10-day

sentences for each

misdemeanor

count (includes

five counts of

possession of

child

pornography)

The defendant

appealed, in part

challenging t

he denial

of his motion to

reverse and quash a

search warrant and

suppress child

pornography

evidence. The

appellate court

affirmed and a review

was subsequently

denied.

CA Child

Pornography

1-Dec-08

People v. Kenneth

Howard

Davidson

,

A120185, 2008

Cal. App. Unpub.

LEXIS 9740

1-2) oral copulation

with a

minor under 14

years of age and more

than 10 years younger

than perpetrator; 3-5)

lewd acts with child

under 14 years of age;

Nine counts

dism

issed and

defendant pleaded

guilty to a new

count 10: three or

more acts of

substantial sexual

N/A N/A

172

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

6-9) possession of

pornographic material

depicting a minor in

violation of Penal

Code § 311.11

conduct over a

period of at least

three months with

a child under 14

years of age

CA Child

Pornography

26-Feb-09

People v. Aaron

William Hart

nett,

E044998, 2009

Cal. App. Unpub.

LEXIS 1564

Charged with

m

ulitiple counts,

including two counts

of possession of child

pornography in

violation of Penal

Code § 311.11(a)

Pleaded guilty to

counts three and

four (possession)

Formal probation

with various t

erms

and conditions,

including serving

180 days in

county jail

The defendant

appealed, contending

that the m

agistrate

erred in issuing a

search warrant and

that the good faith

exception did not

apply. The appellate

court rejected the

defendant’s

contentions and

affirmed the

judgment.

CT Child

Pornography

1-Jun-04

State v. Antonio C.

Lasaga

, SC16707,

269 Conn. 454

Three counts of sexual

assault in the first

degree; three counts

of prom

oting a minor

in an obscene

performance in

violation of General

Statutes 53a-

196a(a)(1); 10 counts

of risk of injury to a

child

Pleaded nolo

contendere to two

counts of each of

the charges af

ter

the court denied a

motion to

suppress evidence

Total effective

sentence of 20

y

ears in prison

followed by 10

years of special

parole

The defendant

appealed. The

Supreme Court of

Connecticut affirm

ed.

CT Child

Pornography/

7-Feb-06

State v. John

Sorabella III,

Two counts of attempt

to commit sexual

Convicted Total effective

sentence of 10

The defendant

appealed on multiple

173

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

Solicitation SC17215, 277

Conn. 155

assault in the second

degree; two counts of

attempt to commit risk

of injury to a child by

sexual contact; three

counts of attempt to

commit risk of injury

to a child; one count

of attempt to entice a

minor to engage in

sexual activity in

violation of General

Statutes 53a-90a(a)

and 53a-49(a)(1); one

count of importing

child pornography in

violation of General

Statutes 53a-196c;

one count of obscenity

years of

im

prisonment,

execution

suspended after

five years, and 15

years of probation

grounds. The Supreme

Court of Con

necticut

affirmed. U.S.

Supreme Court:

certiorari denied.

CT Solicitation 10-Dec-07

State v. David

Campaniello,

CR063501

62,

2007 Conn. Super.

LEXIS 3220

Attempted sexual

assault in the second

degree; attempted risk

of injur

y to a child;

and attempt to entice a

minor in violation of

General Statutes 53a-

49/53a-90a

Pleaded guilty Total effective

sentence of 12

y

ears of

imprisonment

suspended after

three years and 10

years of probation

The defendant

petitioned the

court to

reduce his sentence.

The Superior Court of

Connecticut, Judicial

District of Waterbury

at Waterbury,

affirmed the sentence.

FL Child

Pornography

19-Jan-07

A.H., a child v.

State, 1D06-

0162,

949 So. 2d 234

One count of

producin

g, directing,

or promoting a

photograph or

representation known

Entered a nolo

contendere plea

with right t

o

appeal following

the denial of a

Placed on

probation

The defendant

appealed on the

grounds that t

he trial

court erred in denying

her motion to dismiss.

174

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

to include the sexual

conduct of a child in

violation of section

827.071(3), Florida

Statutes

motion to dismiss

the charges. The

defendant argued

that section

827.071(3) was

unconstitutional

as applied to her.

The appellate court

affirm

ed the trial

court’s decision with

one dissenting opinion

stating that the court

had made a serious

error.

FL Solicitation 12-Nov-99

Timothy P.

Hitchcock v.

State

Using a computer in

an atte

mpt to seduce,

solicit, lure, or entice

a child, or another

person believed by the

person to be a child in

violation of section

847.0135(3), Florida

Statutes

Convicted Not stipulated The defendant

appealed his

conviction. T

he Court

of Appeal of Florida,

Fifth District

affirmed.

FL Solicitation 2-Apr-03

Edward Marreel

v. State

One count of

computer child

exploitation in

violation of section

847.0135, Florida

Statutes

Pleaded guilty Not stipulated The defendant

appealed, arguing that

his m

otion to dismiss

the charge on the

grounds of entrapment

should have been

granted. The Court of

Appeal of Florida,

Fourth District, found

no improper

inducement by law

enforcement to cause

the defendant to

commit a crime and

therefore affirmed the

conviction.

175

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

FL Solicitation 18-Feb-04

James M.

Karwoski v. State,

4D02-46

42, 867

So. 2d 486

Computer

porno

graphy and child

exploitation in

violation of section

847.0135(3), Florida

Statutes

Convicted Community

control and

placed

on sex offender

probation

The defendant

appealed. The Court

of Appeal of Florida,

Fourth District,

affirmed.

FL Solicitation 26-Apr-04

Jeffrey L. Cashatt

v. State, 1D02-

4638

, 873 So. 2d

430

Knowingly using a

co

mputer on-line

service, Internet

service, or local

bulletin board service

to seduce, solicit, lure,

or entice a child or a

person believed to be

a child, or attempt to

do so, in violation of

section 847.0135(3),

Florida Statutes

Pleaded nolo

contendere after

num

erous

motions to

dismiss were

denied

Not stipulated The appellant

challenged the statute

on constitutional

grounds. The Court of

Appeal of Florida,

First District, affirmed

the conviction and

sentence.

FL Solicitation 15-Nov-04

Michael John

Simmons v. State

1) luring or enticing a

child by use of an on-

line service in

violation of section

847.0135, Florida

Statutes; 2)

transmission of

materials harmful to a

minor; 3) carrying a

concealed firearm

Motions to

dis

miss all

charges were

denied; defendant

pleaded no

contest to counts

one and two

Two concurrent

five-y

ear terms of

probation

The defendant

appealed on

constitutional

grounds. The Court of

Appeal of Florida,

First District,

affirmed.

FL Solicitation 2-Aug-06

Walter Ludwig

Hammel v. St

ate,

2D05-4021, 934

18 counts of using a

co

mputer to seduce a

child in violation of

Convicted on 15

counts

Consecutive five-

year terms of

imprisonment for

The defendant

appealed his

convictions, arguing

176

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

So. 2d 634 section 847.0135(3),

Florida Statutes

counts one

through four;

concurrent five-

year probationary

terms for counts

five through

seven; concurrent

five-year

probationary

terms for counts

nine through 15,

to be served

consecutively to

counts five

through seven; a

five-year

probationary term

for count 18, to be

served

consecutively to

counts nine

through 15, for a

total of 20 years

in prison followed

by 15 years of

probation.

that his convictions

violated do

uble

jeopardy principles.

The Court of Appeal

of Florida, Second

District, concluded

that only one of the 15

convictions violated

the prohibition against

double jeopardy and

therefore reversed the

defendant’s

conviction on count 6

and affirmed the

remaining 14

convictions.

MI Child

Pornography

24-Jan-03

People v. David

Steiner

One count of

distribution of child

sexually abusive

material in violation

of MCL 750.145c(3)

and 13 counts of

possession of child

Convicted 56 to 84 months

of im

prisonment

on the distribution

count and 12

months on the 13

misdemeanor

convictions

The defendant

appealed. The

appellate court

affir

med.

177

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

sexually abusive

material in violation

of MCL 750.145c(4)

MI Child

Pornography

15-Feb-05

People v. Clifford

Lee Lewis, J

r.,

248953, 2005

Mich. App.

LEXIS 360

10 counts of child

sexually

abusive

activity in violation of

MCL 750.145c(2) and

one count possession

of child sexually

abusive material in

violation of MCL

750.145c(4)

Convicted Concurrent terms

of 120

months to

20 years of

imprisonment for

child sexually

abusive activity

and 12 months for

possession of

child sexually

abusive material

The defendant

appealed. The

appellate court

affir

med.

MI Child

Pornography

10-May-05

People v. Robert

Babur Basat,

2525

18, 2005

Mich. App.

LEXIS 1146

Three counts of first-

degree cri

minal sexual

conduct; two counts

of possession of child

sexually abusive

material in violation

of MCL 750.145c(4)

Convicted Sentenced for

cri

minal sexual

conduct but not

for possession of

child sexually

abusive material

N/A

MI Child

Pornography

1-Jun-05

People v. Russell

Douglas Tom

bs,

125483, 472

Mich. 446

Distributing or

prom

oting child

sexually abusive

material in violation

of MCL 750.145c(3);

possession of child

sexually abusive

material in violation

of MCL 750.145c(4);

and using the Internet

or a computer to

Convicted Concurrent terms

of 17 t

o 84

months of

imprisonment for

distribution; 16 to

24 months for

using the Internet;

365 days for

possession

The defendant

appealed. The

appellate court

reversed the

defendant’s

conviction an

d

sentence for

distributing or

promoting child

sexually abusive

material and affirmed

178

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

communicate with

any person to commit

conduct proscribed

under MCL

750.145c(4) in

violation of MCL

750.145d

the remaining

convictions a

nd

sentences. The

Supreme Court

subsequently affirmed

the appellate decision.

MI Child

Pornography

22-Sep-05

People v. Richard

Leeland Girard,

2554

52, 269

Mich. App. 15

Five counts of first-

degree cri

minal sexual

conduct; three counts

of possession of child

sexually abusive

material in violation

of MCL 750.145c(4)

Convicted Concurrent terms

of 17

1/2 to 40

years of

imprisonment for

each count of

criminal sexual

conduct and one

year for each

count of

possession of

child sexually

abusive material

The defendant

appealed his

conviction. T

he

appellate court

affirmed.

MI Child

Pornography

20-Dec-05

People v. Ryan

Dale Colter,

2576

36, 2005

Mich. App.

LEXIS 3224

Three counts of first-

degree sexual

conduct; eigh

t counts

of possession of child

pornography in

violation of MCL

750.145c and eight

counts of using a

computer to commit a

crime

Convicted of

three counts of

cri

minal sexual

conduct;

defendant either

acquitted or

charges dismissed

on remaining

charges

N/A N/A

MI Child

Pornography

9-Nov-06

People v. Robert

Eugene Coleman,

Possession of child

sexually abusive

Convicted Unclear The defendant

appealed his

179

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

263861, 2006

Mich. App.

LEXIS 3298

material in violation

of MCL 750.145c(4)

conviction and

sentence. The

appellate court

affirmed.

MI Child

Pornography

28-Nov-06

People v. Scott

William Allen,

2618

41, 2006

Mich. App.

LEXIS 3517

Second-degree

cri

minal sexual

conduct and

possession of child

sexually abusive

material in violation

of MCL 750.145c(4)

Convicted of

second-degree

sexual condu

ct

and found not

guilty of

possession of

child sexually

abusive material

N/A N/A

MI Child

Pornography

21-Dec-06

People v.

Frederic

k Harvey

Grumbley,

261275, 2006

Mich. App.

LEXIS 3748

Possession of child

sexually

abusive

material in violation

of MCL 750.145c(4);

extortion; child

sexually abusive

activity in violation of

MCL 750.145c(2);

and other weapons-

related charges

Convicted 24 to 50 years of

im

prisonment for

extortion, attempt

to prepare child

sexually abusive

material, and

felon in

possession; five to

15 years for

possession of

child pornography

(served

concurrently with

24- to 50-year

term); and two

years for felony-

firearm (served

preceding and

consecutive to

sentences on the

The defendant

appealed his

convictions a

nd

sentences. The

appellate court

affirmed, having

found that the

defendant was not

denied effective

assistance of counsel

and found no basis to

vacate extortion

conviction.

180

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

other charges)

MI Child

Pornography

16-Jan-07

People v. Thomas

Ivan Golba

,

262261, 273

Mich. App. 603

One count possession

of child sexually

abusive material in

violation of MCL

750.145c(4); one

count of unauthorized

access to computers

Convicted Three and one

half y

ears of

probation and 120

days in jail;

register as sex

offender

The defendant

appealed the portion

of his sentence

requiring him

to

register as a sex

offender, arguing that

he was convicted as a

computer crime,

which did not require

proof of sexual

misconduct. The

appellate court, with

one dissenting

opinion, affirmed the

sentence.

MI Child

Pornography

19-Jul-07

People v. Wayne

M

ichael Kennedy,

268941, 2007

Mich. App.

LEXIS 1766

Child sexually

abusive activity in

violation of MCL

750.

145c(2);

communicating with

another on the Internet

to commit a felony in

violation of MCL

750.145d(2)(f);

communicating with

another on the Internet

to commit a felony in

violation of MCL

750.145d(2)(c)

(disseminating

sexually explicit

Convicted Concurrent terms

of 30 t

o 240

months of

imprisonment for

child sexually

abusive activity;

30 to 240 months

for

communicating

with another on

the Internet to

commit child

sexually abusive

activity; 18 to 36

months for

disseminating

The defendant

appealed. The

appellate court

affir

med.

181

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

material to a minor) sexually explicit

material to a

minor

MI Child

Pornography

18-Dec-07

People v. Shawn

M

ichael Vescoso,

272404, 2007

Mich. App.

LEXIS 2814

Six counts of

distributio

n or

promoting child

sexually abusive

material in violation

of MCL 750.145c(3);

six counts of

possession of child

sexually abusive

material in violation

of MCL 750.145c(4);

two counts of using a

computer to commit a

crime

Convicted 12 months in jail

and five

years of

probation for each

of the 14 criminal

counts

The defendant

appealed. The

appellate court

affir

med in part,

reversed in part, and

remanded the case for

further proceedings.

MI Child

Pornography

10-Jan-08

People v. Charles

Anthony

Schmeling,

2752

20, 2008

Mich. App.

LEXIS 46

Using a computer to

co

mmit a crime;

possession of child

sexually abusive

material in violation

of MCL 750.145c(4)

Pleaded guilty 56 months to

seven y

ears of

imprisonment on

one conviction, 17

months to 48

months on the

other

The defendant

appealed his

sentences. Th

e

appellate court

vacated the

defendant’s sentence

for using a computer

to commit a crime and

remanded the case to

the trial court for

resentencing and for

correction of the

guidelines score for

the conviction of

possession of child

182

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

sexually abusive

material. Subsequent

appeal denied.

MI Child

Pornography

1-Apr-08

People v. Leonard

Paul Patterson,

2739

37, 2008

Mich. App.

LEXIS 661

Possession of child

sexually

abusive

material in violation

of MCL 750.145c(4)

Convicted Not stipulated The appellate court

reversed and

re

manded the case for

a new trial because

the trial counsel was

constitutionally

ineffective.

MI Child

Pornography

29-May-08

People v. James

Richard Reiss II,

2696

30, 2008

Mich. App.

LEXIS 1116

Possession of child

sexually

abusive

material in violation

of MCL 750.145c(4)

and using a computer

to commit a crime

Convicted Three years of

probation for

each

conviction

The defendant

appealed. The

appellate court

affirmed.

MI Child

Pornography

2-Sep-08

People v. Ryan

Derr

ek Althoff,

274906, 280

Mich. App. 524

Possession with intent

to dissem

inate

obscene material in

violation of MCL

752.365

Pleaded guilty Register as a sex

offender pursuant

to the Sex

Offenders

Registration Act

(SORA), pay

fines, costs, and

fees pursuant to

that registration

The defendant

appealed; the

appellate court denied

his delay

ed

application for leave

to appeal, and the

Michigan Supreme

Court remanded the

case back to the

appellate court for

consideration. The

appellate court

affirmed the trial

court’s decision

requiring the

183

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

defendant to register

as a sex offender.

MI Child

Pornography

16-Sep-08

People v. Randall

A. Raar, 2

77419,

2008 Mich. App.

LEXIS 1853

Three counts of using

the Internet or a

co

mputer to engage in

prohibited

communication in

violation of MCL

750.145d(2)(d), 16

counts of possession

of child sexually

abusive material in

violation of MCL

750.145c(4)(a), and

other weapons-related

charges

Convicted Sentenced as a

second habitu

al

offender to 13

months to 15

years in prison for

each computer

crime conviction;

13 months to six

years for each

possession

conviction; 13 to

90 months for

felon in

possession of a

firearm

conviction; and

two years for

felony-firearm

conviction

The defendant

appealed. The

appellate court

affir

med.

MI Child

Pornography

11-Dec-08

People v. Roland

Dale Coleman,

2800

51, 2008

Mich. App.

LEXIS 2448

Possession of child

sexually

abusive

material in violation

of MCL

750.145c(4)(a)

Convicted 36 months of

probation

, first six

months to be

served in jail

The defendant

appealed, arguing that

the trial court erred in

den

ying his motion to

suppress evidence.

The appellate court

affirmed in part but

remanded the case for

further proceedings to

resolve an issue

insufficiently

184

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

developed in the

present record.

MI Child

Pornography

23-Dec-08

People v. Douglas

Brent Lazarus,

2779

25 and

People v Steven

Edward Flick,

278531, 2008

Mich. App.

LEXIS 2540

Knowing possession

of child sexually

abusive material in

violation of MCL

750.145c(1)(l) and (4)

Not stipulated Not stipulated Each defendant filed

m

otions to quash

information in their

cases. In docket

277925, the circuit

court granted

Lazarus’s motion to

quash, but in 278531,

the circuit court

correctly denied the

motion. The appellate

court reversed

277925, affirmed

278531, and

remanded the cases

for further

proceedings.

MI Child

Pornography

19-Feb-09

People v. Brian

Lee Hill, 281

055,

2009 Mich. App.

LEXIS 371

Five counts of

arranging for,

producin

g, making, or

financing child

sexually abusive

material in violation

of MCL 750.145c(2);

three counts of

installing a device for

observing,

photographing, or

eavesdropping in a

private place; five

Convicted Concurrent prison

term

s of one day

for installing a

device; 57 months

to 20 years for

each of the

remaining

convictions

The defendant

appealed. The

appellate court

affir

med.

185

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

counts of using a

computer to commit a

crime

MI Child

Pornography

23-Apr-09

People v Mark

McGi

vney,

282547, 2009

Mich. App.

LEXIS 858

Seven counts of child

sexually

abusive

activity in violation of

MCL 750.145c(2);

seven counts of using

a computer to commit

a crime

Convicted Sentenced as a

second habitu

al

offender to seven

to 30 years in

prison for all 14

convictions

The defendant

appealed his

convictions. The

appellate court

affir

med.

MI Child

Pornography/

Solicitation

3-Mar-09

People v. Kenneth

Richard Gou

rlay,

278214, 2009

Mich. App.

LEXIS 461

Two counts of child

sexually

abusive

activity in violation of

MCL 750.145c(2);

two counts of using a

computer to

communicate with

another to commit

child sexually abusive

activity in violation of

MCL 750.145c(2)(f);

two counts of

distributing or

promoting child

sexually abusive

material in violation

of MCL 750.145c(3);

two counts of using a

computer to

communicate with

another to commit

distribution of child

Convicted Concurrent prison

term

s of six to 20

years for child

sexually abusive

activity and using

a computer to

communicate with

another to commit

child sexually

abusive activity;

three to seven

years for

distributing or

promoting child

sexually abusive

material; four to

10 years for using

a computer to

communicate with

another to

distribute child

sexually abusive

The defendant

appealed his

convictions a

nd

sentences. The

appellate court

affirmed the

convictions, vacated

his sentences, and

remanded for

resentencing.

186

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

sexually abusive

material in violation

of MCL

750.145d(2)(d); third-

degree criminal sexual

conduct; soliciting a

child for immoral

purposes in violation

of MCL 750.145a

material; five to

15 y

ears for

criminal sexual

conduct; 145 days

for soliciting a

child

MI Solicitation 16-Apr-02

People v. Ronald

Marvin Meye

rs,

231817, 250

Mich. App. 637

Using the Internet to

co

mmunicate with a

person for the purpose

of attempting to

commit conduct in

violation of MCL

750.145a and d(1)(b)

Pleaded guilty Initially two years

of probati

on; later

amended the

sentence to

require defendant

to register as a sex

offender

The defendant

appealed his sentence.

The appellate court

affir

med.

MI Solicitation 12-Oct-04

People v. Alan R.

Harris, 2427

66,

2004 Mich. App.

LEXIS 2642

Child sexually

abusive activity in

violation of MCL

750.

145c(2)

Convicted One and one half

to 20

years of

imprisonment

The defendant

appealed. The

appellate court

affirmed.

MI Solicitation 10-Aug-06

People v. Lowell

Gene Adkins,

2604

51, 272

Mich. App. 37

Attempting or

preparing to c

ommit

child sexually abusive

activity in violation of

MCL 750.145c(2) and

using a computer or

the Internet to attempt

to commit child

sexually abusive

activity in violation of

MCL 750.145d(1)(a)

Pleaded guilty Concurrent prison

term

s of one to 20

years for each

conviction

The defendant

appealed, challenging

the trial court’s denial

of his motion to

withdraw his guilty

plea and arguing that

the court erred when it

ruled

MCL750.145c(2)

applied to his

admitted conduct. The

187

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

and (2)(f) appellate court

affirmed.

MI Solicitation 19-Sep-06

People v. Kevin

M

ichael Roberts,

260644, 2006

Mich. App.

LEXIS 2705

Child sexually

abusive activity in

violation of MCL

750.

145c(2) and using

a computer to commit

a crime

Convicted Concurrent terms

of three to 20

y

ears of

imprisonment for

each conviction

The defendant

appealed. The

appellate court

affir

med.

MI Solicitation 28-Aug-07

People v.

Lawrence Fr

ank

Cobb

Attempting,

preparing, or

conspiring t

o arrange

for child sexually

abusive activity in

violation of MCL

750.145c(2), and

using the Internet to

communicate with

another to commit or

attempt to commit

child sexually abusive

activity in violation of

MCL 750.145c(1)(a)

and (2)(f)

Convicted Two to 20 years

of im

prisonment

for each count

The defendant

appealed. The

appellate court

affirmed.

MI Solicitation/

Child

Pornography

18-Apr-06

People v.

Jonathan Cervi,

2623

31, 270

Mich. App. 603

Two counts of using a

co

mputer or the

Internet to

communicate with

someone believed to

be a minor for the

purposes of

committing or

The district court

dism

issed two of

the three counts

N/A The government

appealed a circuit

court order affirming

the district court’s

dismissal of two of

the counts charged.

The appellate court

affirmed in part,

188

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

attempting to commit

second-degree

criminal sexual

conduct in violation of

MCL 750.145d(1)(a)

and one count of

using the Internet or a

computer to produce

or attempt to produce

child sexually abusive

material in violation

of MCL 750.145c(2)

reversed in part, and

re

manded the case

MO Child

Pornography

02-Dec-03

State of Missouri

v. David L.

Sanders

,

WD61432, 126

S.W.3d 5

One count of

prom

oting child

pornography in the

first degree in

violation of Mo. Rev.

Stat. § 573.025

Convicted 15 years of

im

prisonment

Appealed based on

possibility that

someone else took

child pornography

pictures. Court of

appeals agreed and

overturned possession

of child pornography

conviction.

MO Child

Pornography

08-Dec-04

State of Missouri,

v. Richard B.

Hagan

, 25854,

150 S.W.3d 358

Two counts of

prom

oting child

pornography in the

first degree in

violation of Mo. Rev.

Stat. § 573.025

Convicted as prior

offender

Not indicated Appeal claimed trial

court erred in

submitting jury

instructions that did

not specifically

require the jurors to

find that defendant

knew that a

participant on the

videotape was under

18 years of age, thus

189

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

lowering the State’s

burden of proof.

Judgment affirmed.

MO Child

Pornography

18-Jul-06

State of Missouri

v. Frank W

.

Petering,

WD64748, 196

S.W.3d 654

First-degree

prom

otion of child

pornography and

second-degree

promotion of child

pornography in

violation of Mo. Rev.

Stat. §§ 573.025 and

573.030

Convicted Not indicated Appeal based on

opinion that t

he trial

court erred in

admitting evidence

obtained by

unsupported search

warrant and in

admitting summaries

of witness testimony,

to which the parties

had stipulated.

Judgment affirmed.

MO Child

Pornography

28-Nov-06

State of Missouri

v. Denis L. Slagle,

WD65822,

206

S.W.3d 404

One count of

possession of child

porno

graphy in

violation of Mo. Rev.

Stat. § 573.030

Convicted as prior

offender

Two years of

im

prisonment

Appealed based on

opinion that the trial

court’s denial of his

motion for a mistrial

after the state and

several witnesses

alluded to the

possibility of multiple

victims was an abuse

of discretion.

Judgment affirmed.

MO Child

Pornography

15-May-07

State of Missouri

v. Jack Kenne

th

Pruitt, ED88552,

223 S.W.3d 178

Class A misdemeanor

for possession of child

porno

graphy in

violation of Mo. Rev.

Stat. § 573.03

Convicted Not indicated Appeal based on

claim that the trial

court erred and abused

its discretion in

allowing the jury to

190

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

see the photographs of

child pornography

that were found inside

defendant’s house.

Judgment affirmed.

MO Solicitation 19-Oct-04

State of Missouri

v. Clarence K

.

Bouse, WD62344,

150 S. W.3d 326

Three counts of

exposing

genitals to a

child less than 15

years of age in

violation of Mo. Rev.

Stat. § 566.083

Convicted Not indicated Defendant appealed

based on belief that

exposure via

photo

graphs was not

sexual misconduct

involving a child.

Judgment affirmed.

MO Solicitation 30-Oct-06

State of Missouri

v. Donal R.

W

adsworth, II,

27388, 203

S.W.3d 825

Seven counts of the

attem

pted enticement

of a child via instant

messaging in violation

of Mo. Rev. Stat. §

566.151

Convicted Two consecutive

one-

year prison

terms and $25,000

fine

Appeal based on

clai

m of lack of

sufficient evidence.

Judgment affirmed.

MO Solicitation 11-Oct-07

State of Missouri,

v. Billy Joe Ward,

2797

6, 235

S.W.3d 71

Attempted enticement

via e-

mail of a child in

violation of Mo. Rev.

Stat. § 566.15

Convicted Not indicated Appealed based on

lack of sufficient

evidence to convict.

Judgment affirmed.

MO Solicitation 20-Nov-07

State of Missouri

v. Gregory C

arl

Scott, WD67075,

238 S.W.3d 236

One count of

attem

pted enticement

of a child in chat

rooms in violation of

Mo. Rev. Stat. §

566.151

Convicted Not indicated Appeal based on

state’s attempt to

introduce photographs

found on defendant’s

computer into

evidence. Judgment

affirmed.

191

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

MO Solicitation 10-Mar-09

State of Missouri

v. Jason Baxter,

ED91201,

2009

Mo. App.

Attempting to entice a

child via Inte

rnet chat

room and text

messaging (and other

charges), a violation

of Mo. Rev. Stat. §

566.151

Convicted Five years of

im

prisonment

Appealed based on

claim that the trial

court erred in denying

defendant’s request

for a mistrial and in

refusing to consider a

suspended imposition

of sentence (SIS) and

probation. Judgment

affirmed.

NC Child

Pornography

6-Nov-07

State v. Tad

William Dext

er,

COA06-1611, 186

N.C. App. 587

Nine counts of third-

degree sexual

exploitation o

f a

minor in violation of

N.C.G.S. 14-190.17A

Convicted Several suspended

sentences of s

ix to

eight months of

imprisonment, an

active sentence of

60 days, intensive

supervision for six

months, and 36

months of

supervised

probation

The defendant

appealed. The

appellate court found

no error.

NC Child

Pornography

20-Nov-07

State v. James

Steven Galanis,

COA07-215, 2007

N.C. App. LEXIS

2329

Third-degree sexual

exploitation o

f a

minor in violation of

N.C.G.S. 14-190.17A

Convicted Suspended

sentence of si

x to

eight months or

imprisonment,

supervised

probation for 24

months

The defendant

appealed. The

appellate court found

no error.

NC Child

Pornography

19-Feb-08

State v. Samuel

Eugene Ellis,

Jr.,

COA07-142, 188

Multiple third-degree

sexual exploit

ation of

a minor in violation of

Convicted Six consecutive

suspended

sentences and a

The defendant

appealed, arguing that

the trial court erred in

192

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been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

N.C. App. 820 N.C.G.S. 14-190.17A total of five years

of probation;

defendant to serve

sentences if

probation is

revoked.

denying his motion to

dis

miss some or all of

the charges on

grounds of double

jeopardy. The

appellate court found

no error.

NC Child

Pornography

17-Jun-08

State v. Marcus

Devin Riffe,

COA07-1130

, 661

S.E. 2d 899

12 counts of third-

degree sexual

exploitation o

f a

minor in violation of

N.C.G.S. 14-190.17A

Convicted Six consecutive

suspended

sentences of five

to six months of

imprisonment and

a supervised

probationary term

of 36 months

The defendant

appealed. The

appellate court found

no error.

NC Solicitation 6-Jan-09

State v. Chris

Randol

ph Morse,

COA08-663, 671

S.E. 2d 538

Knowingly soliciting

a person believed to

be a child by

computer with intent

to commit an unlawful

sex act in violation of

N.C.G.S. 14-202.3

Convicted Active sentence of

six to eight

m

onths of

imprisonment

The defendant

appealed. The

appellate court found

no error.

NC Solicitation/

Child

Pornography

7-Aug-07

State v. Marvin

Harold

W

itherspoon,

COA06-275, 2007

N.C. App. LEXIS

1706

Five counts of second-

degree sexual

exploitation o

f a

minor in violation of

N.C.G.S. 14-190.17;

four counts of first-

degree exploitation of

a minor in violation of

14-190.16(a)(1); one

Convicted of four

counts of first

-

degree sexual

exploitation of a

minor and one

count of statutory

sex offense

300 to 369

m

onths of

imprisonment

The defendant

appealed. The

appellate court

affirmed the trial

court’s denial of a

motion to suppress

evidence and

remanded defendant’s

motion for appropriate

193

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

count of statutory sex

offense of a person

aged 13 to 15 years

relief to the trial court

for an evidentiary

hearing.

NH Solicitation 01-Apr-05

The State of New

Hampshire v.

Roland

MacMillan, 2004-

402, 152 N.H. 67;

872 A.2d 1031

Defendant contacted a

detective posing as a

14-

year-old girl in an

Internet chat room and

solicited a sex act for

money in violation of

N.H. Rev. Stat. Ann. §

649-B:4.

Court denied

m

otion to enter

police detective’s

testimony

concerning

Internet

conversations into

evidence.

Not indicated State appealed denial

of m

otion and claimed

detective’s knowledge

of conversations was

gained without illegal

interception. Order

reversed, case

remanded.

NH Solicitation 15-Jul-05

The State of New

Hampshire v.

Christopher Lott,

2004-380, 152

N.H. 436; 879

A.2d 1167

Defendant contacted a

detective posing as a

14-y

ear-old in a chat

room and directed the

conversation toward

sex acts, solicited the

alleged girl for sex,

and arranged to meet

in violation of N.H.

Rev. Stat. Ann. § 649-

B:4.

Convicted Not indicated Defendant appealed

conviction an

d

claimed the court

incorrectly denied

defendant’s motion to

suppress evidence.

The court determined

there was no violation

because defendant

knew his messages

were recorded and

implicitly consented

to the recording.

Judgment affirmed.

NH Solicitation 16-Jun-06

The State of New

Hampshire v.

Keith Lacasse,

2005-189, 153

N.H 670

Knowingly using an

on-line com

puter

service to solicit a

person whom

defendant believed to

be a child under the

Convicted Not indicated Defendant appealed

and clai

med there was

insufficient evidence

to establish that he

believed the person he

solicited to be under

194

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

age of 16 to engage in

sexual intercourse in

violation of N.H. Rev.

Stat. Ann. § 649-B:4

the age of 16.

Judgment affirmed.

NJ Child

Pornography

30-Jun-00

State of New

Jers

ey v. Eugene

F. Brady, Jr., A-

1398-99T2, 332

N.J. Super. 445;

753 A.2d 1175

Computer images of

nude children

seized

from defendant’s

home in violation of

N.J. Stat. Ann. §

2C:24-4(b)

Indictment

dism

issed

Not indicated State appealed

dismissal of an

indictment against

defendant for

endangering child

welfare. Judgment

reversed.

NJ Child

Pornography

13-Feb-03

State of New

Jers

ey v. William

T. Evers, A-81/82

September Term

2001, 175 N.J.

355; 815 A.2d 432

Defendant emailed

child por

nography to

California sheriff’s

deputy, posing as a

minor, from a child

pornography chat

room. Deputy

forwarded name and

address of defendant

to New Jersey police,

who obtained a search

warrant and found 40

images of child

pornography on the

defendant’s hard drive

in violation of N.J.

Stat. Ann. § 2C:24-4.

Pleaded guilty Five years of

probation

and a

364-day jail term,

which was

conditionally

suspended

Defendant appealed

search of his house

performed under

search w

arrant

obtained by California

sheriff’s deputy and

sent to New Jersey

police. State appealed

sentence. Defendant’s

appeal affirmed.

State’s appeal

reversed. Court

remanded case to trial.

NJ Child

Pornography

08-Jul-03

State of New

Jers

ey v. Daniel

Gruber, A-1425-

Defendant entered a

chatroom

and

conversed with an

Indictment

dismissed (State

of New York had

(New York state)

Five years of

probation along

The state appealed

dismissal of

indictment. Offense

195

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

02T2, 362 N.J.

Super. 519; 829

A.2d 284

undercover officer,

posing as a 14-year

old boy, and sent the

officer child

pornography in

violation of N.J. Stat.

Ann. § 2C:24-

4b(5)(a), (b).

already convicted

defendant for

same crime)

with sex offender

registration

occurred in both New

York and New Jersey

and New York had

already convicted the

defendant. Judgment

reversed trial court

and agreed New

Jersey’s interests were

not met by the New

York conviction.

NJ Child

Pornography

24-Jul-03

State of New

Jers

ey v. Kevin

Sissler, A-39

September Term

2002, 177 N.J.

199; 827 A.2d 274

Defendant printed

child por

nography

from a computer for

personal use in

violation of N.J. Stat.

Ann. § 2C:24-4b(5)(b)

Dismissed

(should have

been

charged as a

fourth-degree

offense)

Not indicated State appealed

dism

issal of second-

degree offender of

child pornography

reproduction charge.

Decision affirmed.

NJ Child

Pornography

18-Aug-03

State of New

Jers

ey v. Allen

May, A-3392-

01T4, 362 N.J.

Super. 572; 829

A.2d 1106

Defendant possessed,

received, and

distributed child

porno

graphy using the

Internet and his home

computer, in violation

of N.J. Stat. Ann. §

2C:24-4b(5)(a), (b)

Convicted Not stipulated Defendant appealed

based on claim

that

images were not of

virtual children and

prosecutor did not

explain the burden of

proof as to real or

virtual images to the

jury. Court reversed

conviction and

remanded matter for

retrial.

NY Child

Pornography

20-Feb-01

The People of the

State of New York

v. Paul Fraser, 96

Possessing sexual

performance by child

in violation of N.Y.

Convicted Five years of

probation and 500

hours of

Defendant claimed he

possessed child

pornography on his

196

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

N.Y.2d 318; 752

N.E.2d 244; 728

N.Y.S.2d 115

Penal Law § 263.16 community

service

computer for

scientific research.

The court affirmed the

conviction and held

that the graphic

images stored in

defendant’s computer

were digital images

that qualify as

“photographs,”

possession of which is

prohibited under the

law.

NY Child

Pornography

19-Dec-02

The People of the

State of New York

v. Alan R. Horner,

1368

2, 300

A.D.2d 841; 752

N.Y.S.2d 147

Possession of child

porno

graphy in

violation of N.Y.

Penal Law § 263.16

Indictment

dismissed

Not stipulated The state appealed a

lower court decision

to limit the number of

photographs allowed

in evidence and to

drop an indictment

against the defendant.

The appellate court

reinstated the

indictment.

NY Child

Pornography

23-Apr-03

The People of the

State of New York

v. Stephen Ga

ring,

1893-2002 2003

NY Slip Op

51508U; 1 Misc.

3d 904A; 781

N.Y.S.2d 626

25 counts of child

porno

graphy

possession in

violation of N.Y.

Penal Law § 263.16

Motion to dismiss

indictm

ent of

child pornography

charges

Not stipulated The defendant

clai

med materials

seized by the police

are protected under

the First Amendment.

The court denied the

motion and held that

child pornography is

not protected by the

197

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

First Amendment.

NY Child

Pornography

10-Feb-05

The People of the

State of New York

v. Brian P.

Keebler, 14862,

1507

1, 15 A.D.3d

724; 789 N.Y.S.2d

547

Two counts of

prom

oting sexual

performance by a

child in violation of

N.Y. Penal Law §

263.15

Pleaded guilty Two consecutive

sentences;

duration not

indicated

The defendant gave

m

ultiple reasons for a

review of his guilty

pleas, including the

claim that there was

no proof the children

in the pictures were

real, i.e., not

computer-generated.

The New York

Supreme Court

affirmed the decision

of the trial court.

NY Solicitation 11-Apr-00

The People of the

State of New York

v. Thomas R.

Foley, Sr.

, 17, 94

N.Y.2d 668; 731

N.E.2d 123; 709

N.Y.S.2d 467

Defendant chatted

online with

police

officer, posing as a

15-year-old girl, and

sent pornographic

material and solicited

sexual activity with

the alleged victim.

Promoting sexual

performance by

children and

attempted

disseminating of

indecent material

utilizing Internet

technology in

violation of N.Y.

Penal Law § 235.22,

Convicted Not indicated Defendant appealed

and argued th

at

proscribing predatory

pedophile activity

utilizing Internet

technology was

unconstitutionally

broad and vague. The

court said the statute

served the compelling

interest of preventing

the sexual abuse of

children and was no

broader than

necessary. Judgment

affirmed.

198

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

263.15

NY Solicitation 06-Sep-01

The People of the

State of New York

v. Anthony

Gallicchio

, 01-

0300, 189 Misc.

2d 182; 730

N.Y.S.2d 671

Defendant used a

co

mputer

communication

system to engage a

person he believed to

be a minor in a series

of sexually explicit

on-line conversations

and offered that

person money in

return for sex with

defendant. Attempted

dissemination of

indecent material to

minors in the first

degree, N.Y. Penal

Law § 110.00, 235.22

Indicted Not indicated Defendant appealed

and filed m

otions to

dismiss the indictment

for prosecutorial

misconduct. The court

denied the motions to

dismiss the

indictment.

NY Solicitation 26-Apr-07

The People of the

State of New York

v. Jeffre

y Kozlow,

49, 2007 NY Slip

Op 3592; 8

N.Y.3d 554; 870

N.E.2d 118; 838

N.Y.S.2d 800

Defendant used

instant mess

age and

Internet to

communicate with a

police officer, posing

as a 14-year-old boy.

Attempted

dissemination of

indecent material to

minors in the first

degree in violation of

Penal Law § 235.22

Convicted.

Subsequentl

y

reversed by New

York Appellate

Court

Not indicated State appealed

conviction re

versal by

appellate court and

argued the lower court

did not take into

account sexually

infused

communications by

the defendant. The

Court of Appeals

reversed the decision

and remitted the case

back for

consideration.

199

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

29-Jul-03

Commonwealth of

Pennsylvania v.

Chadworth R

.

Robertson-Dewar,

1131 MDA 2002,

2003 PA Super

280; 829 A.2d

1207

Possession of child

porno

graphy in

violation of 18 Pa.

C.S. § 6312(c) and

dissemination of child

pornography in

violation of 18 Pa.

C.S. § 6312(d)

Convicted Two and one-half

to five

years of

imprisonment

Defendant challenged

the sufficiency of the

evidence. Judgment

affirmed.

PA Child

Pornograp

hy

PA Child

Pornography

08-Mar-06

Commonwealth of

Pennsylvania v.

Jason Christopher

Pepe, 1442

WDA

2004, 2006 PA

Super 49; 897

A.2d 463

Child pornography

offenses under 18 Pa.

C.S. § 63

12(b), (c),

(d)

Found guilty No less than nine

and no more than

18 months of

imprisonment and

84 months of

probation

Defendant appealed

decision that the

statute prohib

its

“virtual” child

pornography that

neither depicts nor

utilizes real minors.

Court decided

prosecution was based

on real, not virtual,

children. Judgment

affirmed.

PA Child

Pornography

11-Sep-06

Commonwealth of

Pennsylvania v.

Kelly Kennet

h

Hartman, 991

MDA 2005, 2006

PA Super 251;

908 A.2d 316

Photographs of naked

girls foun

d on

defendant’s

computer’s hard drive.

Sexual abuse of

children under 18 Pa.

C.S. § 6312(d)(1)

Pleaded guilty Five years of

probation

Defendant appealed

probation

terms.

Judgment affirmed.

PA Child

Pornography

25-Oct-06

Commonwealth of

Pennsylvania v.

M

ichael A.

Gomolekoff, 478

Possession of child

porno

graphy in

violation of 18 Pa.

C.S. § 6312

Convicted Not indicated Defendant appealed

and argued the search

warrant that resulted

in his arrest and

200

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

WDA 2006, 2006

PA Super 301;

910 A.2d 710

conviction was

invalid. Judgment

affirmed.

PA 20-Nov-07

Commonwealth of

Pennsylvania v.

Joseph Henry

Paul Davidso

n, 34

MAP 2005, 595

Pa. 1; 938 A.sd

198

Possession of child

porno

graphy, in

violation of 18 Pa.

C.S. § 6312(d)

Convicted Not less than one

y

ear less one day

nor more than two

years less one day

of imprisonment

and five years of

probation. Also,

appellant was

ordered to

undergo a

psychosexual

evaluation.

Defendant appealed

and clai

med statute

was vague and

overbroad. Judgment

affirmed.

Child

Pornograp

hy

PA Child

Pornography

21-Apr-08

Commonwealth of

Pennsylvania vs.

Hiram Vargas,

1107

EDA 2007,

2008 PA Super

75; 947 A.2d 777

Distribution of child

porno

graphy in

violation of 18 Pa.

C.S. § 6312(d) and

(c)(1)

Charges

dism

issed

Not indicated Commonwealth

appealed dismissal of

charges for lack of

jurisdiction regarding

the 17-year-old

defendant. The court

of appeal found the

defendant had the

content after turning

18 years old.

Judgment reversed

and case remanded for

further hearing.

PA Child

Pornography

26-May-09

Commonwealth of

Pennsylvania v.

Anthony Dio

doro,

Accessing and

viewing child

pornography over the

Convicted Nine to 23 months

of imprisonment

and five years of

Defendant appealed

and argued he did not

have control of child

201

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

117 MAP 2007,

970 A.2d 1100

Internet in violation of

18 Pa. C.S. § 6312(d)

probation pornography.

Conviction affirmed.

PA Solicitation 15-Apr-04

Commonwealth of

Pennsylvania v.

Dominick Jos

eph,

1951 MDA 2002,

No. 1909 MDA

2002, 2004 PA

Super 119; 848

A.2d 934

Solicited, via email, a

person thou

ght to be a

minor, actually a

police officer, to

engage in sexual

relations. State law

not stipulated.

Convicted Suspended

sentence with

stipulation that

defendant was to

be deported to his

native India.

Defendant appealed

and clai

med the lower

court failed to take

into account absence

of prior arrest record.

Court disagreed. State

appealed suspended

sentence. Court

vacated defendant’s

judgment of sentence

and remanded the

matter to the trial

court for resentencing.

PA Solicitation 24-Jan-05

Commonwealth of

Pennsylvania vs.

Jimmy Jacob,

1044

EDA 2004,

2005 PA Super

29; 867 A.2d 614

Unlawful contact with

a

minor via the

Internet in violation of

18 Pa. C.S. § 6318.

Defendant sent

multiple sexually

illicit Internet chat

room communications

to a police officer,

portraying a 12-year-

old girl, and made

plans to meet the girl

for sexual relations.

Convicted Two to four years

of im

prisonment

Defendant claimed the

Commonwealth did

not present sufficient

evidence to convict.

The court found

sufficient evidence in

defendant’s actions.

Judgment affirmed.

PA Solicitation 04-Jun-07

Commonwealth of

Pennsylvania v.

Phillip Crabi

ll,

Criminal attempt at

unlawful cont

act with

a minor under 18 Pa.

Convicted 11 to 23 months

of incarceration

imposed for

Defendant challenged

the sufficiency of the

evidence. Superior

202

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.

Library of Congress – Federal Research Division Internet Crime Cases

State Topic Date Case Violation

Original

Plea/Verdict

Sentence Appeals/Motions

Court affirmed

judgment and held

that use of computer

and graphic

description of

intended sexual acts

with someone

believed to be 12

years old showed

intent to commit

crime.

904 MDA 2006,

2007PA S

uper

161; 926 A.2d 488

C.S. § 6318(a)(1) criminal attempt

at unlawful

contact with a

minor, followed

by 36 months of

probation for

criminal use of a

communication

facility

PA Solicitation 03-Dec-07

Commonwealth of

Pennsylvania v.

Branden Zur

burg,

92 MDA 2007,

2007 PA Super

363, 937 A.2d

1131

14 counts of criminal

solicitation (via e-

mail) of undercover

officer portray

ing a

minor. State law not

stipulated.

Convicted Nine to 40 years

of im

prisonment

Defendant appealed

sentence for being too

harsh. Judgment

affirmed.

PA Solicitation 07-Jul-08

Commonwealth of

Pennsylvania v.

David M

. Krause,

5239-03, 2008 Pa.

Dist. & Cnty.

Dec.; 4 Pa. D. &

C.5th 449

Unlawful contact with

a

minor via the

Internet in violation of

18 Pa. C.S. § 6318

Convicted Not less than

three and one

half

years and not

more than seven

years of

imprisonment

Defendant claimed

there was ins

ufficient

evidence. Internet

chats established

defendant’s intent.

Judgment affirmed.

203

This document is a research report submitted to the U.S. Department of Justice. This report has not

been published by the Department. Opinions or points of view expressed are those of the author(s)

and do not necessarily reflect the official position or policies of the U.S. Department of Justice.