California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate …

Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child by Douglas Ankney by Douglas Ankney The Supreme Court of Arkansas reversed the convictions against Jeremey Lewis on 11 counts of “distributing, possessing or viewing matter depicting sexually explicit …

Philadelphia DA Krasner Calls Cop’s Arrest for Sexual Exploitation of Children ‘An Extremely Disturbing Case’ by Kaden Gicker On Sep. 30, 2022, WCAU in Philadelphia reported that a former police officer was charged with the sexual exploitation of minors and the tampering of witnesses to it. Patrick Heron, 52, retired …

USSC Report Highlights Problems with Sentencing in Child Porn Cases by Dale Chappell Why don’t federal judges follow the recommended sentences for child porn offenders? Here’s a government report answering that question. by Dale Chappell If Congress wants to complain that federal judges are “too lenient” on child pornography offenders, …

FBI Forces Suspect to Unlock Messaging App Using FaceID by Anthony Accurso by Anthony W. Accurso In the first known public instance of such a warrant, a US District Court approved a warrant allowing the FBI to use a suspect’s face to unlock his secure messaging app in order to …

Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings by The internet age has brought a whole range of problems to go along with the marvels of convenience and efficiency. One of these problems stems from the “connectivity” so often touted as a benefit of social …

Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy by Dale Chappell by Dale Chappell The Supreme Court of Colorado held on December 14, 2020, that dividing up multiple images of child pornography in order to charge a defendant with …

Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography by Anthony Accurso by Anthony Accurso   The U.S. Court of Appeals for the Seventh Circuit held that a conviction under 18 U.S.C. § 2251(a) for production of child pornography cannot be sustained …