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Category Archives: 25 Child Pornography Reduced

Felony Child Prostitution (4 Counts) Felony Sexual Exploitation of Minor/Child Pornography and (4 Counts) Sexual Conduct with a Minor, Public Sexual Indecency & Contributing to the Delinquency of a Minor Reduced to 5 Years in Prison – State v. Mr. A (DMC No. 13606) (Maricopa County Superior Court CR2015-114258): Mr. A had been living with a roommate for many years.  Also with the roommate had two young daughters who lived with them. Mr. A thought that one of the daughters was now 18 years of age, when in reality she was 15 years old.  He and another woman engaged in sex acts with the 15 year old, all while on videotape.  He also offered money for this activity along with alcohol.  He was ultimately charged with Child Prostitution per Arizona Revised Statute ARS 13-3212, and 4 counts of Child Pornography (because some of the acts were filmed), 4 counts of Sexual Conduct with a Minor, along with Public Sexual Indecency and Contributing to the Delinquency of Minor.

He was facing the rest of his life in prison, and his only defense was that he thought she was 18 years of age.  This defense was problematic, due to the fact that he also admitted that he knew her since she was 8 years old when he first met her, yet that was only 7 years prior.  This would put her age at 15.  Ultimately the state made several offers which eventually got down to a low offer of a stipulated 5 years in prison.  Mr. A accepted that offer, which was far below the standard offer for these types of charges.

Federal Felony Child Pornography Reduced to Probation with 3 years in Prison – U.S. v Mr. D (DMC No. 12883) (United States District Court, District of Arizona No. 2:14-CR-019396-SRB):  Mr. D worked for a local wireless company.  FBI Agents were running a software program in order to search Bit Torrent P2P networks for IP addresses that were file sharing child pornography.  A hit came up on the Cox network with the IP address registered to Mr. D.  It indicated that there were 19 images of child pornography which had been downloaded and distributed.

The FBI executed a search warrant at Mr. D’s residence and they found numerous computers.  When they interviewed Mr. D he denied ever searching specific child pornography websites, but he did search for some terms which could be linked with child pornography.  Subsequent searches revealed numerous images of child pornography on his computers.

We were brought into the case and we immediately had our forensic experts analyze Mr. D’s computers.  Although these computers had five secured wireless access points, it was still possible that somebody else may have used his system and downloaded the images of child pornography.  Because of the potential defenses, the Prosecutor offered Probation with 3 years of prison.   The initial offer was for 10 years of prison, and if Mr. D would have gone to trial and lost on all counts, he would have spent the rest of his life in prison.

(Multiples Counts) Federal Felony Possession and Distribution of Child Pornography (1,100 Videos and 2,600 Pictures) Reduced to Probation with 36 Months in Prison – US v. Mr. D (DMC No. 12463) (United States District Court – District of Arizona 2:14-CR-01047-ROS):

FBI Forensic Computer Experts discovered Mr. D on the internet exchanging images and videos of child pornography.  A search warrant was executed on Mr. D’s house and he was arrested.   He admitted his involvement and cooperated.  He was charged with the Federal Statute 18 USC 2252 and 18 USC 2256.  He was facing the rest of his life in prison due to the amount of images he possessed.

We were able to show through Mitigation that he had never actually committed a hands-on offense with a child.  We also conducted a Psycho-Sexual Risk Evaluation we showed him to be a low risk to re-offend and not a threat to the general public.  Lastly, we cooperated with Investigators, and they were allowed to take over his computer user identity, which allowed them to potentially apprehend other violators. We secured a plea agreement that had a range of 5 to 10 years, with the ability for the Federal Judge to depart downward. Ultimately, the Judge agreed with us and did a downward departure to only 3 years in prison.

(3 Counts) Felony Luring a Minor for Sexual Exploitation & (1 Count) Felony Attempted Sexual Conduct with a Minor Reduced to Probation with Zero Days in JAILState v. Mr. H (DMC No. 12255) (Yavapai County SuperiorCourt CR2013-80419):

Mr. H was on the Zoosk dating website which requires users to be over 18 years of age.  He contacted a woman claiming to be 21 years old.  This person was actually an undercover Detective.  When he did contact her, she then stated online that she was 13 years old.  At first Mr. H did not believe her that she was only 13 years old.  He then asked for a photo and she sent one of a 13 year old girl (who is now an adult).  The Detective communicated with Mr. H over the course of months. Eventually all the talk became sexual and photographs were sent back and forth which were of a sexual nature.  He also solicited her to meet with him to “take her virginity”.  They discussed the fact that he was 25 and she was 13, and they agreed to meet at a park.  She asked him to bring alcohol and when he pulled up to the park, he was immediately arrested.  He invoked his right to remain silent and was ultimately charged with 3 counts of Luring a Minor for Sexual Exploitation and Attempted Sexual Conduct with a Minor.  He was facing 3.25 to 16.25 years in prison.

We were able to show that Mr. H did not actually believe this person was 13 years old.  He thought it was a game being played by somebody who was actually 21 years old.  We were also able to demonstrate that if he arrived at the park, and she had in fact looked like a 13 year old, he would have immediately left and ceased all communication with her. We were ultimately were able to secure an offer to Probation which included zero days in jail.

(4 Counts) Felony Luring a Minor for Sexual Exploitation (Dangerous Crimes Against Children), (3 Counts) Felony Sexual Exploitation of a Minor) (DCAC) & (4 Counts) Felony Furnishing Harmful or Obscene Materials to a Minor Reduced to 4 Amended Counts with 10 Years in Prison – State v. Mr. B (DMC No. 13767) (Santa Cruz Superior Court CR-15-136):

Mr. B was a teacher at an elementary school in which he had an 8thgrade female student.  The student began receiving threatening texts from other students who were cyber-bullying her.  This resulted in the police becoming involved and analyzing her phone.  During their investigation, they found text messages which were inappropriate between Mr. B and the victim.  There were also nude photographs which had been exchanged.

A search warrant was executed on Mr. B’s phone and at his house the next day.  He was interviewed and admitted to exchanging nude photographs with the victim. He immediately submitted his resignation and surrendered to law enforcement.  Because the victim was 13 years of age, and he was 27 years of age and in a position of authority (i.e. her teacher), he was charged with 11 felonies, which could have resulted in him spending the rest of his life in prison. After conducting a Psycho-Sexual Risk Evaluation which showed him to be an alcoholic, (in which he was drunk when he participated this crime), we were able to show that he was a low risk to re-offend if sober.  An offer was obtained which allowed the judge to sentence him as high as 12 years, but instead he was sentenced to only 10 years.  Because the charges were reduced, he has the chance to only do 8.5 years of that time if he behaves well in prison.  When he gets out, he will still have another 50 plus years of his life ahead of him as a free man.

Mr. C had 4 children by way of his wife. He and his wife had put a camera inside of his daughters’ room for safety monitoring, and had informed their daughter of this. Mr. C and his wife also lived the “swinger” lifestyle. As they were getting ready to go through a divorce, ms. C filed a police report claiming that mr. C had sexual conduct with his daughter, had videotaped her masturbating, and had expressed an interest in having an incestuous relationship with her. The police conducted a “confrontation call”, in which they attempted to have mr. C make admissions. He did not make any admissions. However, he was arrested and charged with 2 counts of child molestation/ a dangerous crimes against children (DCAC), 2 counts of sexual abuse (DCAC) and 1 count of voyeurism pursuant to Arizona Revised Statute ARS 13-1424. He was then taken into custody and held “non bondable” while his case progressed.

We were retained to represent him on the criminal charges and began our investigation. The daughters’ story did not match up regarding some of her facts, plus she was biased in favor or her mother due to the pending divorce. Because she knew off the existence of the camera in her room, the prosecutor was going to have a difficult time proving some of the elements of voyeurism. The major hurdle in the case was a video recording of his daughter masturbating which was found on mr. C’s personal computer. We were ultimately able to have the case reduced to probation with 6 months in jail (credit for the time he already served and no sex offender registration). Mr. C was released from custody immediately after sentencing. He originally was facing the rest of his life in prison if he would have been convicted of these charges.

REDUCED | 5 COUNTS of SEXUAL EXPLOITATION of a MINOR/CHILD PORNOGRAPHY (DCAC) REDUCED to ATTEMPT with PROBATION and 30 DAYS of DEFERRED JAIL – State v. Mr. K. (DMC No. 9758) (Maricopa County Juvenile Court JV181379): Mr. K. was a 16 year old high school student who had opened a “Lime Wire” account in order to download music and videos. City of Phoenix Police Department Detective’s ran a search and found that somebody at Mr. K.’s address had downloaded child pornography on 4 to 5 different occasions. After securing a search warrant, the SWAT team entered Mr. K.’s house with guns drawn and handcuffed and arrested everybody in the household. Originally, the Detectives had focused on Mr. K.’s father, but then they turned their attention on Mr. K.’s computer which was in his bedroom. Eventually a search was conducted on the computer which revealed numerous items of child pornography.

Mr. K. was subsequently charged with 5 counts of Sexual Exploitation of a Minor a Dangerous Crimes Against Children (DCAC) pursuant to ARS Section 13-3553. This is also known as “Child Pornography”. He was facing a mandatory minimum of 50 years in jail should he have been transferred to Adult Court. We became involved and we were able to convince the Deputy Maricopa County Attorney to keep the case in Juvenile Court. Ultimately we secured a plea to “Attempt” which included Probation and 30 days of deferred jail. Because he successfully completed his court ordered treatment, he did not have to serve that jail time. In addition, he did not have to register as a Sex Offender and he was released from probation and his case was finalized when he turned 18. He now has a clean adult record. Originally he was facing a minimum of 50 years in prison and a maximum of 115 years in prison.

REDUCED | 2 COUNTS of CHILD PORNOGRAPHY/4 COUNTS of FURNISHING OBSCENE MATERIALS to a MINOR REDUCED to PROBATION with ZERO DAYS JAIL – State v. Mr. C. (DMC No. 4292) (Maricopa County Superior Court CR2003-036856): Mr. C. was going through a nasty child custody battle when his baby’s mother accused him of molesting their 2 year old daughter.  There was no evidence of any molest, and charges were not brought regarding Sexual Conduct with a Minor.  However, charges were brought that Mr. C. had allegedly distributed pornography to a teenage male who lived in the same apartment complex.  Also, there were allegations of child pornography on his computer.  We were able to have the case reduced to a single count of furnishing harmful or obscene materials to a minor with probation and zero days jail.  Originally Mr. C. could have been facing 20 years minimum in prison on just the 2 counts of child pornography.

REDUCED | Child Pornography, State v. Mr. H. (DMC No. 7155) (Maricopa County Superior Court No. JV-544956): REDUCED to Probation – Mr. H. was a 17 year old male who was utilizing a file sharing software “Limewire.” While downloading music and videos, he came across what appeared to be child pornography. Due to his youth and inexperience, he downloaded these images. He thought they were “gross” and would use them to “freak out” his friends. The FBI traced the images to his computer and executed a search warrant. His mother brought him down for questioning and let him speak to police. This resulted with him being charged with Child Pornography. We were able to keep the case in the juvenile system, as opposed to being transferred to the adult system where Mr. H. would have faced 10 years in prison, per video. Ultimately, the case was resolved with probation until his 18th birthday, 60 days of deferred jail, and various counseling. When he successfully completed his counseling and probation, the jail was deleted and he did not have to register as a sex offender. He now has nothing showing on his adult record.

REDUCED | POSSESSION AND DISTRIBUTION OF CHILD PORNOGRAPHY State v. Mr. L. (DMC No. 3901) (Maricopa County Superior Court No.: 2003-005553CR): Mr. L. was a student at ASU who lived in a dormitory. He discovered a website which rewarded people listening to music by giving them points which could be redeemed for prizes. Mr. L constructed a computer program which allowed numerous people to listen to music while he would personally accumulate the point. During the course of this site, child pornography was received on this website and distributed. He was subsequently arrested and charged with ten (10) counts of possession of child pornography. The mandatory minimum he was facing was 100 years in prison. We were able to show the prosecutor the innocent intent of this website, combined with Mr. L’s youth, in order to obtain a plea to attempt (the lowest level felony). Although Mr. L had typed in certain requests which could be construed as a solicitation for child pornography, he did receive probation with one (1) years of jail time with work release. The norm on these cases is ten (10) years in prison.

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