by Marc Neff

A defendant who is convicted for committing federal sexual exploitation and child pornography crimes and who pays criminal restitution to the victim can be sued in a civil action by the victim for damages for the same offense (under 18 U.S.C. Sec. 2225)

The plaintiff-appellant (“Doe”) was adopted by the defendant-appellee (“Mancuso”) when she was five years old. During the next five years, the Mancuso sexually abused her, photographed and videotaped the acts, and distributed the media in internet chat rooms. He was investigated and eventually arrested. Under a plea agreement, he pled guilty to the charge of sexual exploitation, and the...

by Marc Neff

Pennsylvania Courts Uphold Institutional Sexual Assault Statute as Applied to Teachers’ Aide and 18 Year Old Student

A teacher’s aide who worked at a high school and admitted to engaging in sexual activities with an 18-year old male student was unsuccessful in her appeal of the trial court’s judgment of sentence. Appellant asserted that section 3124.2(a.2)(1) of the Commonwealth’s institutional sexual assault statute was both unconstitutionally vague and unconstitutionally overbroad. The court rejected both...

by Marc Neff

Pennsylvania seeks to Increase Penalties for Child Pornography Crimes

The Pennsylvania State Senate recently approved a bill to increase the degree of child pornography crimes. The bill was approved in response to the Jerry Sandusky and Catholic clergy molestation scandals that have occurred in Pennsylvania. Under the new bill; producing, disseminating or viewing child pornography would be considered more serious crimes if the material depicts indecent contact...

by Marc Neff

Social Media Ban for Paroled Sex-Offenders

A New Jersey court has recently ruled that paroled sex offenders can be barred from social media websites such as Facebook, LinkedIn and other online social networks. Two paroled sex-offenders challenged the restriction saying that the social networks were important ways to get news and find business opportunities. The three-judge panel ruled that the offenders can be kept off the social...

by Marc Neff

Pennsylvania Court Considers the Standard of Proof Required for Online Child Abuse Registry

In G.V. v. Department of Public Welfare, Caregiver G.V. appealed the order of the Pennsylvania Department of Public Welfare (DPW), Bureau of Hearings and Appeals’, which adopted an administrative law judge’s recommendation denying petitioner’s appeal and his request to have a child abuse report against him expunged under the Child Protective Services Law, 23 Pa.C.S. §§...

by Marc Neff

Arkansas Supreme Court OK’s Sex Between Teachers and 18-Year Old Students

The Supreme Court of Arkansas recently held that the State could not criminalize sex between consenting adults, even if one is a teacher and the other an 18-year old student. Paschal v. State of Arkansas, 2012 Ark. 127, evolved from the conviction of Defendant David Paschal, a high school History and Psychology teacher who engaged in a consensual sexual relationship with an 18-year-old student...