Under current criminal laws, the sender of the latter email probably would not be guilty of a sex crime. This is because of the difference between possessing and viewing child pornography, and the ongoing confusion throughout the criminal justice system of what constitutes each.
]]> In the earlier years of the Internet, the concept of possession could be easily defined by the existence of a digital "file" which had to be downloaded, saved or printed. But today, as connections speed up, and as smartphones become an increasingly common tool for viewing images and videos online, the file has become less relevant to Internet data.Now, much of the information we consume is sent and received via an instant stream or saved in a "cloud," with little need to download, save or print anything. This has caused much confusion as the law has struggled - and largely failed - to keep up with technology, resulting in inconsistencies such as that detailed above.
Technically, streaming is downloading: a video is watched as it downloads, with the only difference being that the user does not save it when the downloading completes. But under today's criminal laws, downloading constitutes illegal possession, while streaming does not.
What do you think? Should the laws be updated to reflect technology? Or should streaming a video of child pornography online not be considered a crime?
Source: Popular Science, "Do You "Possess" What You View Online?" Dan Nosowitz, May 9, 2012
]]>The bank manager pleaded guilty to just one theft charge - bank fraud - after she was allegedly found to have embezzled nearly $80,000 from the bank over the last seven years. Specifically, the manager is accused of opening credit cards in her father's name without his authorization and making redemptions from certificates of deposit accounts of four bank customers who were between the ages of 81 and 89.
]]> She also reportedly opened checking accounts in other bank customers' names, and used those accounts to pay her personal bills and expenses.The alleged fraud took place between January of 2005 and November of 2011, when the Bellefonte bank discovered that the manager had been embezzling money. The allegations were reported to the FBI, whose State College office investigated the case. Following the investigation, the manager was arrested and charged with bank fraud, to which she ultimately pleaded guilty. A PNC Bank spokesperson would not comment on why it took the bank seven years to discover the alleged fraud.
Regardless of whether a defendant is accused of a minor theft or a large-scale scheme such as that which allegedly occurred here, a conviction for that crime will have significant long-term effects. Therefore, it is important for defendants to have a skilled criminal defense attorney on their side to protect their rights.
Source: Centre Daily Times, "Ex-PNC manager pleads guilty to fraud," Cliff White, May 15, 2012
]]>The Marine's DWI case has been a landmark one for the U.S. military, which underwent a lengthy study on the effects of post-traumatic stress disorder in military veterans following the fatal crash. Now, the military is working to better identify and treat PTSD in veterans, according to Marine Corps Col. John Crook. "This investigation reveals a disturbing vulnerability in the support we provide our combat veterans suffering the invisible wounds of PTSD," he said.
]]> Following his guilty plea, the Marine was sentenced to one year in jail, two years of house arrest, 12 years of probation and an unspecified period of treatment at a medical facility. However, he received credit for the year he has already spent in jail and will serve no additional time there.In a statement to the press, the Marine's defense attorney described the court proceedings as "very emotional and sad," adding that "everyone involved in this case is a casualty of war." He went on to describe the effects of war on his client. "[The Marine] was a normal individual when he volunteered for the Marines shortly after 9/11," he said. "He came back a changed man because of his war injuries."
Source: ABC News, "Former Marine Pleads Guilty to DUI Manslaughter," Tamara Lush, May 10, 2012
]]>A student convicted for drug possession is ineligible for aid for one year for a first offense, two years for a second offense and indefinitely for three or more offenses.
A student convicted of selling drugs is ineligible for two years for a first offense and indefinitely for two or more offenses.
If a student has lost their federal student aid eligibility due to a drug conviction, you can regain eligibility if you pass two unannounced drug tests conducted by a drug rehabilitation program that complies with criteria established by the U.S. Department of Education.
This information is solicited via Question 31 ("Have you ever been convicted of possession or selling illegal drugs?") of the Free Application For Federal Financial Aid. However, students who do not answer the question are disqualified.
In early 2006, Congress scaled back the law, so that only people who are convicted while in college and receiving financial aid will have their eligibility taken away. Now, people who got convicted before they decided to go to college will be able to move on with their lives and earn an education.
During the Higher Education Act Reauthorization process of 2008, Congress further scaled back the penalty, making it easier for students with drug convictions to regain eligibility for financial aid. Previously, students had to complete a government-approved treatment program, which are often more expensive than tuition at state universities or community colleges. Now, students have to pass two unannounced drug tests administered by a government-approved treatment program, without completing the program itself.
In July 2009, Rep. Barney Frank (D-MA) introduced the Removing Impediments to Students' Education (RISE) Act into the 111th Congress. The bill, which has substantial support, and would simply repeal the aid elimination penalty, but it has yet to pass both Chambers of Congress or be signed into law by President Barack Obama.
According to the Pennsylvania Higher Education Assistance, students with past drug convictions are eligible for state financial aid and the agency does not take Question 31 from the FAFSA into account when determining eligibility.
Unfortunately, college students who get convicted of a drug offense or offenses can still lose their aid, and many of them will have to drop out.
The collateral consequences of a drug conviction including the potential suspension of a person's driver's license are among the many considerations that the attorneys at Masorti & Donaldson, P.C. will review with a potential client whom has been charged with a drug possession or drug delivery offense. Please contact our criminal defense lawyers with any questions.
]]>In his motion, Sandusky's attorney is arguing that the prosecution is still conducting its investigation, which means that additional materials will continue to be turned over to the defense in the coming weeks. The defense investigators will need time to go through that evidence and to interview potential witnesses, and without that time, the attorney says that he will not be able to "effectively and adequately represent the defendant at trial."
]]> In addition, the defense attorney says that he is still waiting on records from cell phone companies, which he requested by subpoena about a month ago. Those records are expected to be used in a key defense strategy in which the attorney will attempt to show that the alleged victims knew one another and conspired together to accuse Sandusky of sexual asault in order to make a financial gain.Initially, the sexual abuse trial against Sandusky was scheduled to start later this month. The judge presiding over the case agreed to delay it for three weeks, with jury selection scheduled to begin on June 5, but he has been resistant to any additional continuations. It remains to be seen whether he will grant the motion, but it only seems fair that the defense attorney should have a sufficient amount of time with the evidence before the case goes to trial.
Source: Centre Daily Times, "Jerry Sandusky attorney asks judge to delay June trial," Anne Danahy, May 9, 2012
]]>According to police reports, the drug charges stem from an incident late last month in which State College police intercepted a package containing 22 pounds of pot that was sent to a business at which the football player worked. U.S. Postal Service officials reportedly intercepted the two postal express parcels on suspicion that they contained marijuana. After obtaining federal search warrants, postal service inspectors searched the parcels and found each to contain 11 pounds of the drug.
]]> Police then set up a controlled delivery of the packages to a State College business. Reports indicate that an undercover postal inspector was met by the football player, who signed for receipt of both parcels. He was soon arrested.Following his arrest, the football player allegedly provided details to police that seemed to implicate himself and his involvement in the drug delivery scheme. He reportedly said that he had about 25 additional pounds of marijuana at his home, as well as a gun and money in his car. He also allegedly gave police additional details about the package and told them how the marijuana was to be distributed.
However, the football player has pleaded not guilty. It is unknown whether he plans to challenge those alleged confessions he made to police. We will continue to update our criminal defense blog as this story develops.
Source: Centre Daily Times, "Man enters not guilty plea in case of allegedly receiving 22 pounds of marijuana, waives preliminary hearing," May 2, 2012
Source: Altoona Mirror, "Police: Football player received pot," April 28, 2012
]]>According to media reports, the dispute began just after midnight when the man reportedly came to the bar and stood outside the patio area, leaning over a railing and drinking beer that his friends, who were on the patio, had purchased from the bar. The owner reportedly came outside and asked the man to stop drinking outside the bar. The owner then walked away.
]]> When the man refused to stop drinking, the owner went back over to him and attempted to take the drink away. The owner says that the man pushed him, and that the two engaged in a "brief shoving match." This resulted in both men losing their balance and the man fell to the ground. He reportedly then left the scene.At the time, the bar owner says, the man did not complain of an injury. However, the man told police that he sought medical treatment for a possible concussion at Mount Nittany Medical Center.
Although this seems like a minor event, assault charges could spell serious trouble for the bar owner. An assault conviction often results in significant criminal penalties, such as jail time and monetary fines, even when the incident giving rise to that conviction did not result in a lasting injury.
Source: Centre Daily Times, "Man alleges he was assaulted by bar owner," Matt Carroll, May 3, 2012
]]>In addition, the judges stated that they issued child pornography sentences below the sentencing minimum laid out in the guidelines about 45 percent of the time. This is more than double the rate of below-minimum sentencing than any other criminal offense.
]]> As a result of the survey and other complaints about the way child pornography offenders are sentenced, the Sentencing Commission is currently at work on a report that, when it is released by the end of this year, could likely start the ball rolling on changes to the sentencing guidelines for these offenses.As could be expected, this move has been met with heated debate from both sides. On one side, prosecuting attorneys and some members of Congress have expressed their opposition at any form of leniency for people who commit sex crimes. On the other side, federal judges and public defenders say that the current guidelines are too harsh on casual recipients and viewers of child pornography. In fact, according to one federal defender, the average sentence for a federal child porn offense in 2010 was higher for any other crime except murder and kidnapping. This includes people who are found guilty of sexual abuse and assault.
The debate turns on one key point: the degree to which offenders charged with possession of pornography actually pose a risk of inflicting physical abuse to children. It will be interesting to see how the Sentencing Commission differentiates among offenders in making the new sentencing guidelines.
Source: Fox News, "Debate rages over severity of child-porn sentences," April 29, 2012
]]>According to police reports, the incident began when a motorist called and reported that he had seen another driver swerving across both lanes of Interstate 99 at speeds ranging from 40 to 90 miles per hour. The reporting motorist allegedly followed the other vehicle until the driver parked in front of a house, got out of the vehicle and walked in.
]]> When a police officer arrived at the house, he was allegedly met by a woman wearing nothing but underwear and a shirt and holding two roses, stating that the flowers were fore the officer as part of her 'cop fantasy.' He declined to participate and questioned her about the allegations of drunk driving.Although the woman denied that she had been driving the vehicle in question, she was taken into custody. She was given a blood test at a nearby hospital, which allegedly revealed that she had a blood alcohol content of 0.356 percent. She also reportedly admitted that she had been driving the vehicle.
The woman was then arrested and charged with DUI, reckless driving and several other traffic violations. She maintains her innocence, pleading not guilty to all charges.
Source: Altoona Mirror, "Attempt to fulfill 'cop fantasy' ends in DUI charges," April 5, 2012
]]>The Jeremy Bell Act, a federal bill, and the Senate Bill 1381, a state bill, are intended to strengthen abuse reporting laws and require background checks for all school employees. April is Child Abuse Prevention Month and is seen as the right time to bring awareness to sex abuse prevention. While the new laws are seeking to protect children from alleged abusers, it is unclear how educators will protect themselves in the event of false accusations.
]]> According to proponents of the bill, there should be increased attention on background checks to ensure that there are no predators who are allowed back in the schools. It has been suggested that the current laws are too weak and that there is no legal protection to prevent sexual misconduct in the schools.The superintendent of the Springfield School District said that Pennsylvania has made advances in protecting minors against sexual misconduct by employees, but that both of these laws will increase the chances of catching preventable conduct, before it is too late. Pennsylvania is at the center of abuse scandals and is sponsoring both state and federal legislation.
New laws would require schools to obtain all prospective employees' work records. It would also prevent any confidentiality agreements between alleged abusers and officials. New laws could raise difficulties for teachers who were falsely accused or who were not convicted of a crime.
Springfield Patch, "Superintendent Advocates Legislation To Stop 'Passing the Trash.'" April 19, 2012.
]]>According to a recent BBC article, there are now police officers patrolling the grounds of hundreds of schools across the country and issuing citations to students. Most students cited at school are charged with low-level misdemeanor charges, offenses that generally do not carry jail time. But even if the charge is minor, any arrest can have a life-long effect on students. For some, that charge is the start of a years-long struggle to get themselves out of the criminal justice system.
]]> In the article, the author discusses the growing number of teenagers who have been charged with Class C misdemeanors in Texas. Most of these charges stem from relatively minor offenses, such as truancy and tardiness, and in-class discipline issues such as talking out of turn, using profanity and writing on a desk.About 300,000 Texas teenagers are charged with Class C misdemeanors every year, which carry various sentences and monetary fines of up to $500.
In 2007, one Texas state lawmaker attempted to stem the flow of Class C misdemeanor charges against students, successfully proposing an amendment to the law that would remove "school uniform infraction" from the list of punishable offenses. Since then, however, no other changes to the law have been proposed.
Source: BBC, "Misbehaving pupils ending up in court," Nina Robinson, April 10, 2012
]]>According to court documents, the incident took place in March at an off-campus party in Altoona, where about 50 people had gathered to celebrate one of the defendants' birthdays. Witness accounts of the night vary wildly, but it was reported that the two defendants kicked and punched the purported victim until she became unconscious. Police were told by witnesses that between four and seven women had perpetrated the assault, but the defendants were the only two that could be positively identified.
]]> There were several other inconsistencies in the reporting of the incident. For example, two witnesses stated that the crowd sang "Happy Birthday" to one of the defendants prior to the attack, while two others stated that the song was not sung at the party.These details (or, more specifically, the lack thereof) led the defense attorneys to argue that the incident was merely a "catfight turned melee" that did not rise to the level of a felony assault. The judge agreed, stating that the defendants' actions did not have a "reckless and extreme indifference to the value of human life," which is required for a charge of aggravated assault. As such, he ruled, simple assault was the appropriate charge.
Source: The Altoona Mirror, "Sorority sisters' felony charges dropped," Greg Bock, April 13, 2012
]]>According to the complaint filed by Federal Insurance, it should not have an obligation to pay legal costs in a case that arises from sexual assault or abuse, and to require it to pay such costs would be "repugnant to Pennsylvania public policy." The company is seeking a declaration that it will not be required to pay Sandusky's defense costs or to indemnify him for any future judgments arising out of the allegations.
]]> In addition, the company is seeking a comprehensive rule that would bar any insurance coverage in relation to allegations of sexual misconduct involving minors, regardless of the circumstances surrounding the case or even whether the defendant was found guilty.In response, Sandusky's defense lawyer is arguing that the Second Mile insurance policy explicitly insures the defense of criminal sexual behavior unless there is an admission or adjudication of guilt. Because Sandusky has maintained his innocence, his defense costs should be covered by the policy.
Further, Sandusky's attorney says, Federal Insurance is not motivated by the protection and welfare of children, but by money. "[Federal] has submitted no evidence that a ruling in its favor will have any effect on the incidence of child abuse," the attorney wrote to the court.
Source: Centre Daily Times, "Insurer seeks removal from Sandusky case," April 11, 2012
]]>According to police reports, the drug crimes began in 2010 when a medical assistant stole blank prescription pads from the doctor's office at which she worked. She then allegedly forged the doctor's signature and filled nearly 50 prescriptions for paid medications and stimulants, using the names of her husband, two daughters, and 21-year-old niece.
]]> When the niece learned that her aunt was using her name to fill prescriptions, she and two friends asked for prescriptions so they could get medications to use and sell. The aunt agreed, teaching them how to forge the doctor's signature.Then, one of the niece's friends allegedly recruited two others to join the ring, and they agreed to go into pharmacies and use their names to get the medications. In addition, the stepfather of one of those joined in, forging the doctor's signature on the prescriptions.
Ultimately, all seven of the alleged drug ring participants were arrested. Now, all are facing several felony charges in connection with the ring, including acquiring or obtaining a controlled substance by misrepresentation, fraud or forgery and conspiracy. In addition, they have been charged with misdemeanor counts of possession of a controlled substance. The aunt who reportedly started the ring is also charged with theft by unlawful taking, and a few others in the group are charged with receiving stolen property.
Source: Centre Daily Times, "7 face felonies in string of purchases," Matt Carroll, April 6, 2012
]]>According to news reports, Brown was pulled over by police late last month after he was allegedly seen talking on a cell phone without a hands-free unit. The officer suspected that the singer was under the influence of drugs or alcohol, and administered a field sobriety test, which Brown reportedly failed. He was then taken into custody. It is not known whether Brown submitted to a breath or blood test at any point during his arrest.
]]> Two days after the arrest, Brown was officially charged with two drunk driving-related charges, in which the prosecuting attorney accuses the singer of having a blood alcohol level above the legal limit. He was also charged with one count of driving on a suspended driver's license.If Brown is convicted of the DUI charges, he could spend up to six months in jail. His first court appearance is scheduled for later this month.
This is not the first arrest for the singer. He was charged with DUI in Georgia in 1996, and was arrested again in 2003 in relation to that charge. He was jailed for about a month in 2000 for a probation violation, and in 2002, he was arrested for drug possession and speeding. In 2004, he spent one day in jail for allegedly missing multiple child support payments, and he was arrested in 2007 for failure to appear in court.
Source: Billboard, "Bobby Brown Charged With DUI" and "Bobby Brown DUI: Lawyer Says Brown Was 'Not Driving Erratically'," Mar. 28, 2012
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