According to a report published by the US federal government, in the mid-1980's, trafficking in child pornography in the United States was almost eradicated through successful campaigns by federal and state authorities.
In the 1980's, child pornography was difficult and expensive, but with the advent of computers and the Internet, child pornography became easy to obtain, reproduced, and easy to keep.
Distributors and collectors of child pornography are making it easier to obtain illegal pictures and videos by combining with digital cameras and World Wide Web without border so that pictures and videos can be posted on the Internet easily . Most people have some knowledge of the enormous amount of porn on the Internet, but the National Center for Children who have disappeared estimates that 20% of all internet pornography includes children.
Legally speaking, it is illegal for 20% of pornography on the Internet to own in the United States.
As a result of increased availability of child pornography, federal and state beliefs about crime related to child pornography are rising. Recently, the US Justice Department announced a national strategy to eliminate child pornography. This effort includes a national database allowing states to share information and to hire 38 lawyers in the US to prosecute child pornography in the United States.
It is important to open newspapers and watch television to find news stories and pictures of people whose names and reputations have been destroyed by state or federal government charges related to the possession of child pornography.
Instead of focusing on people who create child pornography, efforts have changed and law enforcement agencies are now targeting people who own child pornography. In order to support the prosecution of the general public, the federal government partnered with the Internet search engine to find people searching, downloading and possessing child pornography.
Computer crime is not limited to the possession or distribution of child pornography.
Many people have seen television programs that use computers to enforce law enforcement agencies to bring unprotected people to illegal circumstances (eg, catch NBC documentaries, predators, etc.).
Under such circumstances, law enforcement officials will obey as minors and will attract undoubted people to specific places. That place is usually drawn as a minor house. When unfortunate people arrive at my home, the TV camera records the inevitable conversation between surprised adults and law enforcement agencies.
Sometimes, unlucky people believe (or expect) that they can 'get out' a potential arrest. However, the statements made by that person are recorded and likely to be used by prosecutors as the basis for criminal charges.
In short, sex crime, Internet crime, computer crime are the main focus of states and federal law enforcement throughout the country.
Computer Inspection
In any case using a computer, it is essential to use computer experts in the case of child pornography. Use of such experts will help establish protection against crime by showing some of the following.
• When an invalid file is downloaded.
• The computer program used to download malicious files.
• Which computer users downloaded malicious files.
• Whether malicious files were placed on the computer as a result of a computer virus.
• Whether illegal files were hacked on the suspect user's computer and placed on the computer.
• Whether the person depicted in the image or the movie is actually a "child" or a model that is "posing" as a minor who is above the legal consent ages.
Unfortunately, most lawyers do not have sufficient knowledge of computer technology to consider using computer experts. Most lawyers with inadequate background of computers believe that if child pornography is found on the computer, that person is "guilty."
Examples of common situations
Through the United States, attorneys can submit various violations to people who use computers for what seems to be legal acts.
Here are three common examples.
Example 1: The suspect looks for pornographic material on the Internet and as a result downloads legal and illegal materials (such as child pornography). Illegal material actually comes from a website operated by the federal government for the sole purpose of finding and arresting a person who downloaded child pornography. When illegal material is downloaded from the law enforcement computer, a warrant is charged from the district court and the computer is searched.
That person was arrested without knowing that the material downloaded to the computer was illegal.
Many people think that if the website looks "legitimate", the materials coming from that website must be legal to own (eg, pictures, videos, etc.). However, such an assumption does not hold true.
As shown, the federal government has set up a "legitimate" looking website offering child pornography. The sole purpose of the website is to arrest illegal acts (eg illegal movies and photograph downloads etc.) and to download and possess the illegal items offered by the federal government.
Example 2: Like the example above, the suspect downloads pornography (LimeWire, Bittorrent, BearShare etc) using a "peer-to-peer" file sharing program. Although not known to suspects, some of the downloaded pornos are actually child pornography, which comes from computers owned and operated by law enforcement agencies. When illegal material is downloaded from the police computer to the suspect computer, a warrant is charged from the district court, the computer is found and searched.
Another example is when law enforcement agencies use these same "peer-to-peer" file sharing programs to "search" for illegal child pornography. When a law enforcement agency discovers an illegal substance, the computer program determines the TCP / IP address of the computer housing the illegal substance. Using TCP / IP addresses, law enforcement agencies can issue warrants to determine the location and address of suspicious computers. When a law enforcement agency learns the physical location of a suspect computer, another warrant to prevent computer searches and seizures is obtained.
Example 3: The suspect contacts someone who is believed to be a minor through a chat room on the Internet. The minor is actually a law enforcement agency. Through some conversations, suspects are encouraged to send naked photos, or in the worst-case scenario, they are bothered by a personal meeting with juveniles and sent to a predetermined destination Arrive and arrest the suspect.
These three examples are common circumstances claimed by federal courts or state courts, but the examples provided are not the only lawsuits leading to criminal proceedings.
Federal charge for child pornography
Federal law criminalizes ownership or distribution of child pornography. Specifically, Title 18, Sections 2252 and 2252 A of the United States Code are crimes of possession or distribution of child pornography.
Federal law defines child pornography as a visual depiction (such as photos, videos, data stored in computers) that includes minors engaged in sexual depictions.
Section 1856, paragraph 2256 of the United States Code contains several definitions of crime related to child pornography. The following simplified definitions are provided.
Minor: The term "minor" used in federal law means a person under 18 years of age.
Sexual Violence Activities: "Sexual behavior" used in federal law means sexual acts that only indicate the reproductive area of a child.
Visual depiction: The term "visual depiction" includes films, videotapes, or other data stored on a computer, or computerized data, or any data that can be converted into images or films.
The US Criminal Code on Computer Crime has several different criminal provisions, but charges and penalties related to child pornography are provided:
Receipt or Distribution: If you receive child pornography, that person will be enforced for five years in federal prison.
Title 18, USC, § 2252 (a) (2); § 2252 A (a) (2) (2010).
Transport: When sending, providing, or providing child pornography
(For example, mail, e-mail, optional
Electronic means, etc.), that person is imprisoned
Put a minimum sentence of five years to federal prison.
Title 18, USC, § 2252 (a) (1). § 2252 A (a) (1) (2010).
Holder: If you possess child pornography in some way, that person will be sentenced to 10 years in prison for federal prison.
Title 18, USC, § 2252 A (a) (4) (b). § 2252 A (5) (B) (2010).
Essentially, federal law criminalizes anyone who is under the age of 18, materials that are exposed to sexual activity, or that display sexual acts of reproductive organs.
It is important to fully understand the difference between the potential cost and the risk of imprisonment if you are representative of a person accused of a crime, including child pornography.
Importantly, if you agree or refuse a crime, including the possession of child pornography, there is no mandatory minimum sentence. However, if you are sued or rejected to receive, distribute, or transport child pornography, a minimum sentence of five years imprisonment will be executed.
State charges for child pornography
Essentially, in all states it is a criminal official to own photos and movies depicting child genital, pubic areas or chest (in the case of women) if the child has reached a certain age.
A common example of illegal behavior can easily be imagined (eg, people with video tapes, photos of minor children, etc.). But this ruling also criminalizes ownership of digitized images and movies that can be stored on computers and mobile phones. In this way, if a person who received an illegal image by e-mail has a phone that received an e-mail, for illegal items accidentally stored by phone, photography and movie shooting Along with the spread of possible mobile phones, there are an increasing number of people who are more at risk of receiving criminal penalties by photographing illegal photographs and saving them.
Many state laws criminalize photographs and videos that expose genital organs to people under the age of 18 and are conducting "sexually explicit acts".
This includes images taken with cell phones or digital cameras.
Many provincial prosecutors have used this statement to recommend downloading and copying images from the Internet and storing them on the computer's hard drive.
If you store images or movies on the computer after downloading pictures and movies from the Internet, you may be charged to the state court due to child pornography production crimes under the above statements.
Common defense in state and federal courts
There are many issues to be considered by experienced criminal lawyers familiar with computer crime, regardless of whether criminal complaints are filed with state law or federal court.
The same problem occurs even when crime includes child pornography, sexual crime, general Internet crime.
Analyze some common problems that occur frequently, but not limitedly.
To know possession
In both the state court and the federal court, confidentiality obligations must have child pornography in order to receive a crime "possession of child pornography" and judgment. In other words, the accused person must know the existence of child pornography.
This means that the government must prove that the defendant knows the existence of child pornography, beyond reasonable doubt.
To issue a statement
Many defenders have misunderstood that criminal charges can be avoided if a reasonable explanation is given about why child pornography is on the computer.
Also, many defenders believe that by issuing honest statements to law enforcement agencies, you can avoid being arrested or receiving criminal complaints.
That is not true.
When the petitioner submits a statement to the law enforcement agency, the statement is likely to be used against the defender during criminal prosecution.
Criminal attorneys should attempt to deter confidential statements that in some way provide a link between confidentiality obligations discovered by law enforcement agencies and child pornography. Regardless of whether the defendant was detained at the time of the evidence submission it is necessary to file a petition for deterrence.
Many people believe that if a law enforcement agency provides Miranda's warnings, the statement given by the advocate can not be repressed. This is not true either. Lawyers should try to deter defendants' statements even if law enforcement agencies provide Miranda's warning.
Recent case
In one recent case, an elderly married man was suspected of having child pornography based on activities on known websites, including child pornography. The gentleman lived in the suburbs of the big city with his wife and lived in the same area for many years.
Law enforcement entered the suspect's house and there was not enough evidence to get a warrant to take the computer. As they could not get a warrant, the law enforcement agency decided to walk to the man's house and talk about whether he could voluntarily access the house.
When I got home, the law enforcement agency was waiting until around 7:30 pm. At 7:30 am, it got dark and everyone in the neighbor was at home. Three Federal officials and local police came to the elderly's house. After persuading people to allow them to enter the house, permission also convinces men that they should be allowed to 'look up' the computers inside the house.
In short, the law enforcement agency forced the gentleman to verbally search for computers. The law enforcement agency threatened to stay at the man's house for several hours while trying to get another search warrant. Law enforcement also exceeded to take away some items belonging to male wives.
If he did not agree, the light of the police car flashed, multiple officials arrived in the neighborhood, believed that law enforcement agencies stayed at home for hours and search for all items and wife items, I take quite a few things belonging to him and his wife.
After committing a few hours of mistake he believed that there were no other options, the man finally approved that he downloaded child pornography, and orally agreed to designate the computer. Since then his computer included child pornography, this man received instructions from the federal government.
In the example above, even if the officer has the right to go to the man's house and talk to the old gentleman, the attorney should challenge. Attorneys should challenge the oral consent and statement of the elderly based on the forced consent. Finally, as the wife does not agree and both parties have access to the computer, attorneys should challenge if the executive has the right and authority to look up the computer.
First seizure of computers by law enforcement agencies
In all criminal cases including computers, it is highly likely that law enforcement agencies take computers and then do computer forensic investigations.
Although all law enforcement agencies have different procedures for searches of suspect computers and seizures, experienced criminal lawyers need to make sure that all procedures are done properly.
If the law enforcement agency fails to properly analyze the existence of child pornography on a computer, in some cases the fee may be reduced or completely dismissed.
Recent case
In a recent case, the defendant 's computer was deployed and subsequently investigated by computer experts employed by local law enforcement agencies. Experts reviewed the computer and found what seems to be child pornography.
Lawyers discovered that experts did not follow the procedures and protocols required by both federal and state law when leaving a lawyer. Because appropriate procedures were not taken, several motions were brought and the court made a claim to dismiss accusations. After several days of discussion, the prosecutor eventually agreed to substantially lower the price.
Recent case
In one recent case, computers were installed by people suspected of having child pornography. A detailed survey of computers and suspicious child pornography aimed at discovering that "pirated" pictures are downloaded from a commercial adult website and "children" are adult models.
In that case, the owner and creator of the website were contacted and a record was sent to show that the people in the photo are actually adults.
Identify the user who accessed the computer
In most homes, more than one person can access the computer. In some cases friends, relatives, neighbors can even access the computer. We have represented a customer who committed a crime just because a person was allowed to use a computer.
In such cases it is important to thoroughly examine all people who have accessed the computer to decide possible defenses. Such information is important in establishing the party responsible for putting illegal materials on the computer.
Recent case
Recently, it was protected by the possession of child pornography, but the defense lived with three other people. In a detailed survey of computers, the majority of illegal materials were downloaded to the computer. It was normal working hours from 8 am to 5 pm. Since the defenders worked regularly during the day, the employment record was considered, the suspicion that it was responsible for downloading illegal materials extremely increased, the defender accepted a very pleasant petition, and for a long time Risk of imprisonment.
Limewire and other "peer-to-peer" networks
Many people use software such as Limewire for legal purposes, but some people use child software to download child pornography.
Lawyers with technical knowledge, when fees including "peer-to-peer" networks such as Limewire, Kaza, etc. happen, the computer can quickly see the computer and judge whether the material was downloaded "accidentally". An experienced lawyer can see how the file was downloaded to the computer and can decide whether the person was intentionally looking for illegal material such as child pornography or if he accidentally downloaded child pornography .
Remember, this law demands that people intentionally own child pornography. Pornography belonging to adults is not a crime. Beyond reasonable doubts, the government must prove the defense team who intentionally owns illegal images and videos, and that person must have a reason to know its true content and personality (for example , The material is illegal, etc).
Therefore, if a person does not intentionally download child pornography, that person may not be able to find an illegal item on that computer. Lawyers with computer knowledge examine the computer to see if malicious files were accidentally downloaded.
In addition, experienced hackers can access human computers via Internet connection and store illegal materials on suspicious people's computers.
Pedophiles with computer knowledge can hack your computer and use your computer to store and access illegal child pornography.
Using Computer Expert
As mentioned above, it is important to hire a lawyer with important computer knowledge, but dispatch computer experts who can provide evidence for technical problems arising in defending agents as needed, to the team It is also important computer crime.
Recent case
In recent cases, the defendant counts the number of child pornies owned, based on images and movies found on home computers. The defendant's computer was established by a law enforcement agency and was searched by a law enforcement agency when the computer was at the police station.
When I searched the defendant's computer and deposited police officers who found illegal substances, I discovered that "experts" do not comply with the procedures and protocols required by both federal and state law.
Briefly, police officers did not follow the technical procedures necessary to search pornography on the defendant's computer.
Recognizing this problem, the client hired computer experts and reviewed the analyzes conducted by law enforcement agencies. The expert reported on a report showing a technical mistake by a law enforcement agency and how it affected the way defendants established defense.
These mistakes became the basis of defense motion to dismiss accusations as infringing the defendant's constitutional rights. Ultimately, the prosecutor substantially agreed to lower rates.
Punishment in federal court
If a person is convicted of a crime involving a federal court 's computer or the Internet, that person is sentenced to punishment under federal court guidelines.
Although it is no longer essential, the guidelines of the Federal Court are collections of documented standards that exist across the United States to support text equalization for similar crimes. The Federal Court 's guidelines ("Guidelines") provide a textual framework for deciding the appropriate judgment of criminals. The guidelines will help those who are convicted of a federal crime in a state to make similar decisions to others convicted of the same crime in other states.
With respect to crimes related to child pornography, the length of imprisonment for a conviction may significantly increase based on factors excluded by the guidelines.
When including child pornography, the following improvements may be applied.
Pre-pregnancy minors: Increased sentences are guaranteed if there are "premature babies" (for example, minors who have not reached 12 years of age) in materials found on the computer (for example, pictures or movies).
Use of computers: Increasing sentences is legitimate when accessing, distributing, and / or storing illegal materials using a computer.
Sadomostasis Conduct: A description of sadistic or masochistic acts and depictions of violence in substances needs to be increased.
According to recent Congressional decisions, the penetration of children is recognized as a "Sadomass-like act" because the child's compulsive sex acts are said to be painful.
Number of images: If the number of images placed on the computer exceeds 10 images, an increase in sentences is also guaranteed. If you have movies or videos on your computer, a substantial increase is guaranteed. One video is counted as 75 images and videos that are effectively longer than 5 minutes may require an upward starting point.
In short, it is not uncommon that the average number of sentences of those refused to possess child pornography in federal courts is between 8 and 15, considering all factors that affect the potential sentences There is none.
Not only the possession of child pornography but also the strengthening of federal courts against all kinds of computer crimes exists.
Punishment in state court
As shown, in all states there are severe crimes of sexual offense, Internet crime, computer crime.
Like federal courts, there are many factors that affect judgment decisions. An experienced lawyer ensures that the court is aware of all favorable factors before the defenders are issued.
Conclusion
With the spread of computers and the Internet, people were able to make computer-related crimes easier. The results of criminal proceedings related to computer crime may include long-term charges. Those facing criminal prosecution of computer crime must consult lawyers with in-depth knowledge and knowledge about computers and other technologies. Frequently, it has long knowledge compared to short sentences and long knowledge that is the basis of probation.
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