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INTERNET CRIMES AGAINST CHILDREN

In 1998, the Portsmouth, NH and Keene, NH Police Departments along with the Education Development Center, Inc. of Newton, Massachusetts, were awarded a $300,000 Justice Department grant to combat Internet child sexual exploitation. This grant was awarded by the Justice Department's
Office of Juvenile Justice and Delinquency Prevention (OJJDP) under its Internet Crimes Against Children program. The grant was used for undercover operations, the education of law enforcement officers and in the development of prevention materials. The service area for the grant covered the states of Maine, New Hampshire, and Vermont.

The goal of this project was to create a Regional Task Force on Internet Crimes Against Children serving the three rural northern New England states: Maine, New Hampshire, and Vermont. Through this Task Force we identified and supported sources of technological and investigative expertise as well as forensic resources to enhance proactive and reactive investigations of Internet crimes against children across the northern New England region.

January 13th, 2000 marked the end of our full-time three-year Internet law enforcement project which we had started in 1997. It also marked the end of the Justice Department grant. Currently we maintain a part-time undercover operation through the City of Keene, NH. To date over 350 offenders from 48 different states and 13 foreign countries have been arrested and over 2,000,000 child pornographic images seized.

One of our goals is to collect descriptive characteristics of those offenders who have committed sexual exploitation crimes with a computer. Our Offender Profile contains much of our data. This includes occupations of offenders and previous involvement with children. We have also included the state or country the offender resides or resided in. Part of our data collection included the ages of suspects. We have had suspects as young as thirteen and as old as sixty-seven. To date, the Keene Police Department has been involved with over 260 cases of Internet child sexual exploitation.

Due to the numerous requests we have received for a copy of the affidavit we use for Internet crimes, I have included a sample affidavit for law enforcement use. Please feel free to use it as a guideline when writing your own affidavits.

Tanner staging, which was designed for estimating development or physiologic age for medical, educational, and sports purposes (in other words, identifying early and late maturing children), has been misused in the courts when it is used not to stage maturation, but to estimate probable chronological age. For a better understanding of the Misuse of the Tanner Scale, you may wish to read the communication between Detective McLaughlin of the Keene Police Department and Dr. Arlan Rosenbloom; Department of Pediatrics at the University of Florida College of Medicine.

Arrests have been made in many different states and several foreign countries. Our arrest totals by state breaks down the arrests state by state.

Detective McLaughlin's advice for parents.


New Hampshire Department of Safety
Division of State Police Registered Offenders Against Children

http://www.state.nh.us/safety/nhsp/

Pursuant to NH RSA 651-B:7, IV, the Division of State Police is required to identify and maintain a record of parties to whom the list of Registered Offenders Against Children has been disclosed.


For your convenience the Federal Decency Act, Federal Sexual Exploitation laws, New Hampshire, Vermont and Maine statutes on Child Pornography/exploitation have been included here.

Federal Sexual Exploitation and Other Abuse of Children

Communications Decency Act

NH Child Pornography Law

VT Sexual Exploitation of Children Law

ME Sexual Exploitation of Minors Law


"TECHNOPHILIA: A MODERN DAY PARAPHILIA" by Detective James F. McLaughlin. A vivid example of Technophilia in today's society. Detective McLaughlin has been a Keene police officer since 1981 and has investigated over 2000 child sex exploitation cases.
"CYBER CHILD SEX OFFENDER TYPOLOGY" by Detective James F. McLaughlin. This article attempts to catalog the cyber sex offender’s characteristics who were arrested during our three-year project


CASE LAW:

ASHCROFT, ATTORNEY GENERAL, ET AL. v.
FREE SPEECH COALITION ET AL.

  • Virtual Child Pornography
  •  

    New Hampshire v. David Cobb

    • child pornography as defined by statute.
    • proving the age of the child in each photograph.
    • consolidation of the child pornography charges with an attempted felonious sexual assault charge.
    • Search warrant executed outside the presence of a police officer (Yahoo.Com).


    United States v. Carroll

    • sufficiency of evidence.
    • jury instructions.
    United States v. Dolloph
    • Upward departure: Sentencing

    United States v. Gamache

    • not giving any jury instruction on the question of entrapment.
    • statute punishes conduct, not "mere thoughts".

    United States v. Amirault

    • legal standards for evaluating whether a photograph displays sexually explicit conduct.

    Keith Jacobson v. United States

    • predisposed independent of Government acts.

    United States v. Hilton

    • constitutionality of the Child Pornography Prevention Act.

    United States v. Robinson

    • rights under the Due Process Clause/did not have fair notice that possession of pornographic materials had become illegal.
    • that § 2252(a)(4)(B) exceeds Congress's authority under the Commerce Clause.

    United States v. Knox

    • videotapes that focus on the genitalia and pubic area of minor females constitute a "lascivious exhibition of the genitals or pubic area" under the federal child pornography laws (even though these body parts are covered by clothing).

    United States v. Turner

    • Not objectively reasonable for a detective to have concluded that evidence of an assault -- the stated object of the consent search -- would be found in a computer.

    Travers v. Florida

    • Under the totality of the circumstances, the police did not have well-founded suspicion to stop and detain Travers. The officers could have engaged in a consensual encounter, but chose otherwise.

    United States v. Upham

    • The seizure of unlawful images is within the plain language of the warrant; their recovery, after attempted destruction, is no different than decoding a coded message lawfully seized or pasting together scraps of a torn-up ransom note.

    New York v. Ferber

    • The States are entitled to greater leeway in the regulation of pornographic depiction's of children for the following reasons: (1) use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child (2) the standard of Miller v. California, 413 U.S. 15 , for determining what is legally obscene is not a satisfactory solution to the child pornography problem; (3) the advertising and selling of child pornography provide an economic motive for, and are thus an integral part of, the production of such materials, an activity illegal throughout the Nation; (4) the value of permitting live performances and photographic reproductions of children engaged in lewd exhibitions is exceedingly modest, if not de minimis; and (5) recognizing and classifying child pornography as a category of material outside the First Amendment's protection is not incompatible with this Court's decisions dealing with what speech is unprotected.

    United States v. X Citement Video, Inc.

    • Respondents also argued below that their indictment was fatally defective because it did not contain a scienter requirement on the age of minority. The Court of Appeals did not reach this issue because of its determination that §2252 was unconstitutional on its face, and we decline to decide it here.

    United States v. Black

    • Black argues that his prosecution under 18 U.S.C. sec 2252 is unconstitutional under the Eighth Amendment because he is a pedophile or ephebophile.

    United States v. Byrd

    • Byrd argues that Jacobson requires the government to prove predisposition only by evidence that existed before the government began its solicitation. This argument misstates the Jacobson holding (predisposition must be independent of government action).
    • Prompt response to each government mailing illustrates his predisposition.

    Connection Distributing v. Janet Reno

    • Challenged record keeping and labeling provisions require anyone publishing to maintain identification records and label the publication as to the location of those records

    Greene v. Reeves

    • Qualified Immunity

    United States v. Grossenheider

    • Non-government search followed by Government search "independent source" doctrine (distinct, untainted source).

    United States v. Hall

    • Evidence was discovered by private search \

    United States v. Katz

    • Whether the age of a model in a child pornography prosecution can be determined by a lay jury without the assistance of expert testimony.

    United States v. Kimbrough

    • Executing officer would reasonably know what items are to be seized
    • Seizure of all video and audio tapes was necessary because the titles of such tapes were not dispositive of their content and that the absence or presence of child pornography in such items could not be determined by a cursory examination on the premises

    United States v. Moore

    • Consent search for child pornography
    • Probable cause for arrest for child pornography

    United States v. Salvo

    • Consent search for child pornography

    United States v. Schmeltzer

    • General knowledge that the material is sexually oriented.

    United States v. Layne

    • Possession may be actual or constructive.
    • Possession is a continuing offense.
    • Knowing possession of illegal material is not a passive crime.

    United States v. Thomas

    • Propriety of venue: the site of the defendant's acts, the elements and nature of the crime, the locus of the effect of the criminal conduct, and the suitability of each district for accurate fact finding...

    United States v. Campos

    • Testimony regarding the meaning of a screen name registered to on-line accounts.

    United States v. Anderson

    • Exigent circumstances during controlled delivery of child pornography

    United States v. Fabiano

    • Defendant argues that the evidence was insufficient to prove that Defendant knew, prior to receiving the visual depictions, that the images depicted minors engaged in sexually explicit conduct.

    United States v. Rowland

    • Anticipatory warrants based on delivery of contraband.

    United States v. Simpson

    • Probable cause for the issuance of a search warrant.
    • Other bad acts.

    United States v. Arvin

    • We hold that a depiction of a minor need not be obscene to satisfy the definition of "sexually explicit conduct" under the "lascivious exhibition of the genitals or public area" prong.

    United States v. Hotal

    • The search warrant triggering event for its execution is necessary.

    United States v. Lacy

    • Staleness/Probable cause.

    United States v. Mitchell

    • Sting operation known as Project Looking Glass did not constitute outrageous government conduct.

    United States v. Poehlman

    • Entrapment

    United States v. Ruddell

    • Anticipatory search warrants

    United States v. Weber

    • In this case, the "expert" testimony in the affidavit was foundationless. It consisted of rambling boilerplate recitations designed to meet all law enforcement needs.

    United States v. Tank

    • The sufficiency of the foundation for admission into evidence of chat room log printouts.

    State of Washington v. Townsend

  • Recording chats/emails and factial impossibitity
  •  

    United States v. Vig

    • Depictions of real children?

    United States v. Horn

    • Staleness of information discussed

    United States v. Imgrund

    • Definition of "distribution" and no need for pecuniary gain.



    MEMBERS OF THE TASK FORCE


    Captain Hal G. Brown
    Keene Police Department
    11 Washington Street
    Keene, NH 03431
    603-357-9819 Voice
    603-357-9823 Fax
    hbrown@ci.keene.nh.us

    Detective James F. McLaughlin
    Keene Police Department
    11 Washington Street
    Keene, NH 03431
    603-357-9819 Voice
    603-357-9823 Fax
    jmclaughlin@ci.keene.nh.us


    Links for Law Enforcement:

    F.B.I.

    U.S. Customs

    Investigative Resources @ Officer.com

    PedoWatch

    Chittenden Unit for Special Investigators

    High Technology Crime Investigation Association

    ISP Addresses and Contacts for service of subpoenas; search warrants and court orders.

    Celebrating our 350th arrest!


    Internet Crimes Against Children webpages are maintained by the Keene Police Department Web Team. Send comments or questions to: sbeckta@ci.keene.nh.us.