Sunday, January 4, 2009

IN - Rulings target Internet sex stings

View the article here

Looks like maybe Perverted-Justice, Dateline "To Catch a Predator," and other people, might go out of business soon, if this starts to become the norm.


By Jon Murray

Appeals court says there must be an actual victim

The Internet stings police consider key to protecting minors from sexual predators may lose some of their power after two recent Court of Appeals rulings.

The use of undercover investigators as bait in Internet chats has become routine in Central Indiana. But the attraction for law enforcement -- the lack of an actual victim -- also became the basis for the reversal of two convictions against a Shelbyville man Wednesday by the Indiana Court of Appeals. That leaves in place a third related conviction.

The reversal could mean new cases lead to lighter sentences. The decision and a similar ruling in July targeted the most serious charge usually leveled against suspects nabbed in online stings.

The court ruled 2-1 that attempted sexual misconduct with a minor, a Class B felony, requires that the victim be a minor; an undercover officer doesn't count. It also used the same reasoning to reverse _____' conviction of dissemination of matter harmful to a minor, leaving only a child solicitation conviction intact.

_____, now 48, was arrested after he showed up at an Indianapolis apartment in 2006 with rope and condoms in his pockets following explicit online chats with an investigator posing as 15-year-old "Samantha."

Appeals Judge Melissa S. May dissented, arguing all charges should stand against _____.

"He did all he believed was necessary to complete the offense of sexual misconduct of a minor," May wrote, "and he failed to complete the offense only because it was not possible under the circumstances."

Mario Massillamany, the Marion County prosecutor's spokesman, said the office had stopped using the attempted sexual misconduct charge in online sting cases after the July decision, which a different Court of Appeals panel issued in a Hamilton County case.

"We are always looking to protect children, " Massillamany said.

Now prosecutors must rely on charges of child solicitation, a Class C felony charge that applies under Indiana law as long as the defendant merely believes the intended victim is at least 14 and younger than 16.

The Class C felony carries a potential sentence of two to eight years in prison, far short of the maximum 20-year penalty for attempted sexual misconduct.

Hamilton County Prosecutor Sonia Leerkamp said she may lobby the General Assembly to broaden the sexual misconduct statute along the same lines as child solicitation. Until then, she said, her office will review how it charges online sting cases to conform to the rulings.

Leerkamp had hoped the Indiana Supreme Court would take up the Hamilton County case. _____, then 27, was arrested in 2006 after he chatted online with an investigator posing as a 15-year girl and showed up to a meeting inside a Fishers SuperTarget store.

But last month, the state Supreme Court declined to review the Court of Appeals' reversal of _____'s attempted sexual misconduct conviction.

Prosecutors argue that online stings protect teenagers by snaring likely perpetrators, though judges often give reduced sentences or even probation -- as _____ received -- because there are no actual victims.

No such luck for _____, a Navy veteran with a clean record who expressed regret for bad judgment after a jury convicted him. Marion Superior Court Judge Sheila A. Carlisle gave him seven years in prison, including two years for child solicitation, with the possibility of spending the last four years in community corrections programs.

"I have serious concerns," Carlisle told him in October 2007, "about your ability to refrain from this conduct in the future."

TX - Alonzo bill would let judges pare sex offender rolls

View the GRITS FOR BREAKFAST article here

Wow, finally someone with brains!


Reacting to concerns that the sex offender registry includes too many low-level offenders and may increase recidivism, a Dallas state rep wants to give judges discretion to shorten sex offender registration periods for certain first-time offenders.

Declaring "Some offenses don't rise to the level" of needing registration, Rep. Roberto Alonzo, D-Dallas, has filed HB 190, reports the Houston Chronicle's Texas Politics blog, which:

would give certain first-time sex offenders the ability to petition the courts to shorter their registration periods, or to have their registration completely waived . The vast majority of sex offenders in Texas must register on the state's Department of Public Safety website for life.

Alonzo "filed his bill at the request of a Dallas judge who was fed up with low-risk offenders brought in on technical violations tying up the court's docket," said the Texas Politics blog, which quoted the new group Texas Voices praising the legislation. Via Kuff.


View the article here

And they say we live in a free society. Apparently adult porn, in some cases, can get you arrested, if the Puritans think it's wrong.  Since when did adult porn become a criminal offense?  I guess they should arrest all the Horror film directors then, as well.  Most people in adult porn are actors, and acting, just like horror movies.  I am not claiming a crime was not committed, I am not a legal expert, nor claim to be, there is always two sides to every story, so you be the judge.

The following comments were sent to me, along with this article:

I don't know if you posted anything on this already... This is an acquaintance and client. A distributor of his forwarded material to Florida after being instructed by _____ not to. Of course the distributor was not charged - but they went after _____. All of the women in his films are over 18 years of age - and you know what? They adore him. He's a lot nicer to them than a lot of people in the industry. This is a victimless crime - VICTIMLESS - another witch hunt.


WASHINGTON - _____, 50, was sentenced today to 46 months in prison as a result of his conviction on multiple obscenity offenses, Acting Assistant Attorney General of the Criminal Division Matthew Friedrich and Chief Postal Inspector Alexander Lazaroff announced.

U.S. District Court Judge Susan Bucklew for the Middle District of Florida also ordered _____ to three years of supervised release following his release from prison, to pay a $7,500 fine and to forfeit the obscene films charged in the indictment as well as all gross profits from the distribution of the films and the Internet domain names _____ used as part of his business. _____’s adult entertainment company, MaxWorld Entertainment Inc., was also fined $75,000 and ordered to serve five years of probation.

_____, of Altadena, Calif., is a nationally-known director, producer and star of pornographic DVDs and video clips. In June 2008, a federal jury convicted _____ on charges that he, through MaxWorld Entertainment Inc., distributed obscene films through the U.S. mail to an address in Tampa, Fla. In his films, _____ is shown engaging in violent and extreme sexual acts with female performers. At trial, the jury also convicted _____ of transmitting five obscene video clips over the Internet through the Web site _____. Each video clip was a promotional trailer of a full-length feature film available through MaxWorld Entertainment Inc. _____ and MaxWorld were indicted in May 2007 on five counts of transporting obscene matter by use of an interactive computer service and five counts of mailing obscene matter.

The investigation of this case was conducted by the U.S. Postal Inspection Service and the FBI. The case was prosecuted by Trial Attorneys Edward McAndrew, LisaMarie Freitas and Jennifer Leonardo of the Criminal Division’s Child Exploitation and Obscenity Section, with the assistance of the U.S. Attorney's Office for the Middle District of Florida.

GA - Georgia Family Violence Statistics

Click the images to enlarge

2007 Statistics

2006 Statistics

2005 Statistics



I think we need to start keeping track of the constitutional amendments that have been deemed unconstitutional.

Then, eventually, we can have one document, which lists all the amendments broken, the case #'s, brief excerpt, etc. That could also be kept somewhere, in a Word and/or PDF document.

Something someone can download, print and take to court or give to their lawyer, if needed.

I think this is extremely important resource to have. What do you think?

If you can help, then please respond to this blog, in a comment, and provide a link to the news article, or document. And I will start adding them here.  It will benefit us all!!!

Here is some Google search links, that may help get this info quicker:

Amendment 01, Amendment 02, Amendment 03, Amendment 04, Amendment 05, Amendment 06, Amendment 07, Amendment 08, Amendment 09, Amendment 10


Keep in mind, that not all amendments may be relevant to sex offender issues.  But over time, I may remove those which do not apply.


    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
    1. State: UTAH, Bill: HB-34, Case File(s): Available here, Excerpt: U.S. District Judge Tena Campbell said in the case files, that although Mr. Doe is a sex offender, he has not forfeited his First Amendment rights, including his right to anonymous online speech.  She did not rule on the Fourth Amendment issues, nor the ex post facto issues.

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
    1. State: _____, Bill: _____, Case File(s): _____, Excerpt: _____

    No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
    1. State: _____, Bill: _____, Case File(s): _____, Excerpt: _____

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    1. State: UTAH, Bill: HB-34, Case File(s): Available here, Excerpt: U.S. District Judge Tena Campbell said in the case files, that although Mr. Doe is a sex offender, he has not forfeited his First Amendment rights, including his right to anonymous online speech.  She did not rule on the Fourth Amendment issues, nor the ex post facto issues.

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
    1. State: _____, Bill: _____, Case File(s): _____, Excerpt: _____

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
    1. State: _____, Bill: _____, Case File(s): _____, Excerpt: _____

    In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
    1. State: _____, Bill: _____, Case File(s): _____, Excerpt: _____

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
    1. State: _____, Bill: _____, Case File(s): _____, Excerpt: _____

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    1. State: _____, Bill: _____, Case File(s): _____, Excerpt: _____

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
    1. State: _____, Bill: _____, Case File(s): _____, Excerpt: _____