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Internet Crime

May 17, 2012

Child Pornography Legal To View Online In New York – Court Rules That Looking At Porn Doesn’t Mean Possession

In The People v. James D. Kent, 2012 NY Slip Op 3572, the Court of Appeals of New York reversed Defendant Kent’s conviction for possession of child pornography as to counts relating to pornographic images he did not download or otherwise manipulate or control. On May 26, 2005, defendant James D. Kent, a professor of public administration at a Dutchess County college, received a new office computer through a campus-wide technology upgrade. The files stored on the hard drive of the old computer were transferred to the new...

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March 23, 2012

3rd Circuit Upholds 30-year Sentence in Child Pornography Case

In U.S. v. Hardy, the Court of Appeals for the Third Circuit upheld the thirty year prison sentence handed down by the United States District Court for the Western District of Pennsylvania when defendant Kelly Hardy pleaded guilty to three child pornography offenses. 2011 U.S. App. LEXIS 24475. On April 16, 2009, law enforcement officers conducted a search of Hardy's home and seized numerous "pairs of soiled young girls' underwear" and a large amount of electronic equipment, "including 14 desktop computers, three laptop...

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March 20, 2012

Defendant in Child Pornography Case Ordered to Pay Restitution to Child Depicted in One of His Images

Ricky Lee Daniel was convicted in the United States District Court for the Northern District of Georgia of possession of child pornography in violation of 18 U.S.C.S. §§ 2252A(a)(5)(B) and 2256(8)(A). United States v. McDaniel, 631 F.3d 1204 (2011). The district court ordered the defendant to pay restitution to a child depicted in one of the images, and defendant appealed. A jury convicted McDaniel of possession of child pornography, finding that he possessed 600...

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March 1, 2012

Fifth Amendment Protects Defendant’s Refusal to Produce Encrypted Computer Files

In RE: GRAND JURY SUBPOENA DUCES TECUM DATED MARCH 25, 2011 UNITED STATES OF AMERICA, v. JOHN DOE, Appellant, 2012 WL 579433, Nos. 11–12268 & 11–15421, is a decision of the United States Court of Appeals, Eleventh Circuit (February 23, 2012) in an appeal of a judgment of civil contempt in the United States District Court for the Northern District of Florida. “John Doe” was served with a subpoena duces tecum requiring him to appear before a Grand Jury in a child pornography investigation and produce the unencrypted...

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February 20, 2012

Defendant’s Child Pornography Conviction Overturned Where Other People Had Equal Access to the Computer Used to Download the Pornography

A panel of the United States Court of Appeals for the Fifth Circuit has reversed a child pornography conviction in United States of America v. Keith Moreland. At the trial of this case, the prosecutor introduced 112 digital images of alleged child pornography that a local police officer found on two home computers owned by Keith Moreland and his wife Dianna. Because Keith’s father, George Moreland, was terminally ill and required assisted living, he resided...

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