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Internet Crime

March 19, 2010

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 sexually explicit images of minors to an undercover FBI agent. The FBI was able to obtain Mr. Heckler’s information from America Online and subsequently arrested him. Mr. Heckler, a repeat offender, was...

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Posted in: Internet Crime

February 25, 2010

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 years imprisonment, followed by a lifetime of restricted...

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Posted in: Internet Crime

October 13, 2009

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 material on a child pornography site via his workplace computer. The employer has a policy in place, which all employees must agree to as part of their employment agreement, stating e-mails are the property...

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Posted in: Internet Crime

August 24, 2009

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 attempts to do so, shall be fined and imprisoned for no less than ten (10) years under statutory guidelines. The decision in United States v. Brian Lee Nestor involved a man (“Nestor”) who placed an...

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Posted in: Internet Crime, Sex Crimes & Abuse Allegations

August 18, 2009

Third Circuit Court of Appeals Upholds Special Conditions of Supervised Release in Child Pornography Case

In a recent appellate decision, the United States Court of Appeals for the Third Circuit upheld the sentence of Paul R. Thielemann, imposing a term of imprisonment followed by a ten-year term of supervised release, subject to special conditions. Thielemann pleaded guilty to one count of receiving child pornography and was subsequently sentenced to the statutory maximum, 240 months imprisonment, followed by ten years of supervised release. The Court conditioned Thielemann’s supervised release on two special restrictions; for...

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Posted in: Internet Crime