by Marc Neff
Superior Court of Pennsylvania Upholds Act which Allows for Civil Detainment of Offenders Deemed Sexually Dangerous
The Superior Court of Pennsylvania recently heard a case which challenged Pennsylvania Statute, Pa. C.S. §6403, which allows for the civil detainment of those deemed sexually dangerous. In Re A.C. involved an appellant sentenced to one year of involuntary in-patient treatment for potentially sexual violence. In accordance with the Act, the defendant must have been adjudicated delinquent as a...
by Marc Neff
Supreme Court of the United States Rules Prisoners Deemed Sexually Dangerous May Be Detained Beyond Sentence
The Supreme Court of the United States recently decided the case of U.S. v. Comstock, involving four men who were convicted on child pornography and/or sexual abuse of a minor charge(s). The men were convicted under the “Adam Walsh Act”, signed into Federal law in 2006. The Act allows for the civil detainment of sexually dangerous federal inmates, beyond the sentences imposed upon them by...
by Marc Neff
Supreme Court of the United States Hears Arguments on the Detainment of Sexual Predators
The Supreme Court recently heard arguments in United States v. Comstock, an appeal brought by government prosecutors against four defendants who had completed their prison sentences for possession of child pornography and/or sexual abuse of a minor, but were still being held as “sexually dangerous.” The four defendants were arrested, charged and convicted under the Adam Walsh Act; legislation...
by Marc Neff
United States Court of Appeals Holds Registration and Reporting Requirements of SORNA Unconstitutional As Applied to Adjudicated Juveniles
The Sex Offenders Registration and Notification Act, otherwise known as SORNA, was enacted by Congress in 2006 as part of the Adam Walsh Child Protection and Safety Act; legislation enacted “in order to protect the public from sex offenders and offenders against children”. SORNA establishes a national database of sex offenders, requiring anyone convicted of certain sex offenses to register as...
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
Former Philadelphia Area Camp Counselor Indicted on Charges of Child Pornography
A former Friends’ Central camp counselor was recently indicted on charges of distributing child pornography. The defendant was under FBI investigation for three months prior to being arrested earlier this month. The FBI used an undercover agent, posing as the mother of a thirteen year old girl, as part of their investigation. In the complaint, it is alleged that the defendant told the agent...
by Marc Neff
Man Convicted of Sexual Assault in Philadelphia, Extradited to Idaho to Stand Trial on Additional Charges of Rape
Jeffrey Marsalis, convicted on two-counts of sexual assault by a Philadelphia, Pennsylvania Court of Common Pleas judge last year and sentenced to 10 ½ to 21 years in prison, has been removed from the Forest County Correctional Institution in Pennsylvania and extradited to Blaine County, Idaho to face a third rape trial. Marsalis lived in Philadelphia between 2003 and 2005 where he attended...
by Marc Neff
R. KELLY NOT GUILTY IN CHILD PORNOGRAPHY TRIAL
Seven hours was all it took for a jury to acquit singer R. Kelly of 14-counts of child pornography, a verdict six-years in the making. Kelly was accused of videotaping a sexual encounter with a female who allegedly was 13-years old at the time. Both Kelly and the now 23-year old victim each denied their alleged participation in the video. Defense attorneys also argued that the man in the...
by Marc Neff
PENNSYLVANIA OUTLAWS NAKED PICTURES OF MINORS TAKEN BY CAMERA PHONES
Pennsylvania State Police are dealing with a growing problem in today’s society; teens taking pictures of themselves or others involved in sexual acts and transmitting the images to friends via cell phone. The problem has become so extensive that schools have asked for help from the State Police Cyber Crimes Division. Troopers have been dispatched to assist in the finding and destruction of...
by Marc Neff