by Marc Neff
Third Circuit Criticizes Child Porn Sentencing Guidelines
The Third Circuit Court of Appeals recently affirmed a New Jersey U.S. District Judge’s decision to impose a sentence of less than the mandatory minimum for a defendant convicted of child pornography charges. In United States v. Grober, the defendant pled guilty to six child pornography charges. Under the sentencing guildelines set forth by the Department of Justice, the judge was advised to...
by Marc Neff
Peer-to-Peer Networks Remain Target of Child Pornography Investigations
Although a federal judge ordered peer-to-peer (“P2P”) network LimeWire to shut down last month due to copyright infringement issues, investigations continue by law enforcement officials into the use of older versions of LimeWire and other P2P networks as forums for the distribution of child pornography. Since 2003, federal law enforcement agencies have undertaken a major initiative against the...
by Marc Neff
Two Suspects Indicted In Philadelphia for Their Role in an Illegal Online Pharmacy
A pharmacist from Florida and a website operator from the Bahamas were indicted last month for their roles in an illegal online pharmacy. The two suspects worked together and with legitimate pharmacies around the nation to dispense prescription medications without proper prescriptions. At least one pharmacy used by the suspects to facilitate their operation was located in the Philadelphia,...
by Marc Neff
United States Court of Appeals for the Third Circuit Holds No Right to Privacy When One’s Hard Drive is Installed in Someone Else’s ComputerWithout Password Protection
A recent appellate holding by the United States Court of Appeals for the Third Circuit in U.S. v. Richard D. King, Jr. establishes that one gives up the right to privacy when sharing the use of a computer with others. The Supreme Court of the United States had established that a present co-tenant could refuse police search of a premises regardless of the consent of other tenants. The Court,...
by Marc Neff
No Decision yet from the Third Circuit Court of Appeals In Sexting vs. Child Pornography Case
In January, The United States Court of Appeals for the Third Circuit, in Philadelphia, heard arguments in a case of three female teenagers accused of participating in a practice, now referred to as “sexting”. Sexting involves taking nude or risqué photographs on a cellular phone and transmitting them via picture messaging or e-mail to another cellular user. The issue of sexting has become...
by Marc Neff
Serial Child Pornography Offender Sentenced to One Hundred Eighty Months Special Conditions upon Release
In Philadelphia, the Third Circuit Court of Appeals recently held certain special conditions of parole, issued upon a defendant who pled guilty to transmitting child pornography as part of his sentence, were unconstitutional. Arthur Heckman pled guilty to one count of transporting child pornography. Mr. Heckman had entered a chat room on America Online and transmitted a total of eighteen...
by Marc Neff
Federal Courts are Split on the Imposition of Internet Bans as Penalty
In Philadelphia, the United States Court of Appeals for the Third Circuit, recently overturned a lifetime internet ban, which was imposed as part of a convicted child sex offender’s sentence. In reversing the defendant’s internet ban, the Third Circuit displayed its stance on the argument of internet as a right versus a privilege. The defendant, in the appeal, had been sentenced to fifteen...
by Marc Neff
Superior Court of New Jersey Denies Motion for Summary Judgment, Finds Employer could be Liable for Employee’s Use of Work Computer to Send and View Child Pornography
In a recent appeal, challenging a motion for summary judgment which had initially been granted, the Superior Court of New Jersey reversed the motion finding an employer can potentially be held liable where an employee uses a work computer for child pornography purposes. The employee in question had photographed and videotaped his ten-year old step-daughter nude, subsequently posting the...
by Marc Neff
Third Circuit Court of Appeals Holds Use of an Adult Intermediary for Purposes of Child Pornography Constitutes Attempt under United States Statute
A recent Third Circuit decision set a precedent that using an adult intermediary, to plan sexual encounters with a minor, constitutes attempted enticement of a minor and violates 18 U.S.C. §2422(b). The relevant portion of the statute reads that whoever uses means of interstate commerce to knowingly persuade, induce, entice, or coerce a minor to engage in sexual activity that is illegal, or...
by Marc Neff