Are you looking for an example of a sentence for a federal failure to register case? This following is not our case, but an example of what kind of sentence may be imposed in federal court. In a recent case from Sherman, Texas, a resident and registered sex offender was sentenced to a six-year federal prison term due to child exploitation offenses. The man had used social media to engage with a minor, engaging in explicit conversations, and sending obscene material.
Evidence Unearthed From Social Media Conversations
The case came to light after law enforcement agencies found that the offender was using an online social media platform to interact with a 13-year-old minor. The conversations were sexually explicit, with the offender describing in detail the acts he wanted to perform on the child. In support of his claims, he forwarded numerous pornographic images and videos to the child. Further investigations revealed that he had engaged in similar activities with other suspected minors, shedding light on his recurring pattern of misbehavior.
Previous Criminal History Exposed
It was discovered during the investigation that the offender was a registered sex offender in Denton County. His record includes prior convictions for solicitation, assault, and possessing child pornography, demonstrating his continued inability or unwillingness to cease his criminal activities.
Child Exploitation Violations: The Consequences
The offender pled guilty to two counts of transferring obscene material to minors and was consequently sentenced to six years of imprisonment for each charge, with the terms to run concurrently.
The case was investigated by several law enforcement agencies, including Homeland Security Investigations, West Jordan, Denton, and the Utah Police Departments.
The Role Of Project Safe Childhood
This case is part of Project Safe Childhood, a nationwide program initiated by the Department of Justice in May 2006. The project aims to combat child sexual exploitation and abuse. Run by the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and the U.S. Attorneys’ Offices, the program coordinates federal, state, and municipal resources to identify, locate, and pursue charges against individuals that exploit children online. Moreover, it aims to locate and rescue victims.
Understanding The Law: 18 U.S.C. § 1470 – Transfer Of Obscene Material To Minors
An Explanation Of 18 U.S.C. § 1470
18 U.S.C. § 1470 essentially says the following:
If a person knowingly sends or transfers obscene material to another person under the age of 16 using any method that crosses state or international borders (including the mail, online communications, etc.), and the sender is aware that the recipient is under 16, that person is breaking the law. Attempting to do so also counts as a violation.
The law makes it clear that if you’re found guilty of breaking this law, you could face some serious penalties. The consequences might include a fine, up to 10 years in prison, or both.
So, if you knowingly send or attempt to send obscene material to a minor who hasn’t reached the age of 16, and you are fully aware that the recipient is below 16, then you are in violation of this federal law. The penalties are harsh and could involve a hefty fine, a long prison sentence, or both.
Defenses To Charges
When facing charges under 18 U.S.C. § 1470 – Transfer of Obscene Material to Minors, it’s important to understand some of the possible defenses that could potentially be applied to your case. Below are a few defense strategies.
Lack Of Knowledge
One potential defense can focus on the defendant’s lack of knowledge about the recipient’s age. The law specifies that the offender must be “knowing” that the recipient is under 16. If the defendant can demonstrate that they genuinely believed the recipient was 16 or older, it might be a valid defense.
Lack Of Intent
Another potential defense is lack of intent. The statute states that the offender must “knowingly” transfer obscene material to the minor. If it can be proven that the transfer was accidental or without the defendant’s knowledge (for example, a third party used the defendant’s device or account), this could be a possible defense.
Obscenity
What constitutes “obscene” material can sometimes be subjective and open to interpretation. Your attorney might argue that the material in question doesn’t meet the legal definition of obscene. The three-part “Miller Test” often used in obscenity cases includes (1) whether an average person, applying recent community standards, would believe that the work, when viewed as a whole, appeals to sexual interest; (2) whether the work describes or depicts, in a way that is patently offensive, excretory functions or sexual conduct defined specifically by relevant state law; and (3) whether the work, viewed as a whole, lacks serious, artistic, literary, scientific, or political value.
Violation Of Fourth Amendment Rights
If the evidence was obtained through an illegal search and seizure, it may be possible to argue that the defendant’s Fourth Amendment rights were violated, leading to the exclusion of the evidence.
Stand Strong With Cofer Luster Law Firm, PC: Texas’s Federal Criminal Defense Firm
If you’re facing charges of transferring obscene material to minors, your future is at stake. Don’t let this turmoil rule your life. Instead, turn to the highly rated Cofer Luster Law Firm, PC, your bulwark in tumultuous times. Our seasoned criminal defense attorneys, led by Board Certified criminal law specialist Cody Cofer, are ready to fiercely defend your rights. Leveraging substantial trial experience, we’re prepared for all case scenarios. Our child exploitation lawyers’ commitment and loyalty to our clients ensure you receive steadfast, powerful representation. Don’t stand alone; trust our experienced, tenacious team to fight your corner. Connect with us at (682) 777-3336 or online. Let us restore calm in the chaos, standing strong together.
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