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A Matrix and Summary of Major Federal and Select State Case Law

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A Matrix and Summary of Major Federal and Select State Case Law The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Internet Crimes Against Children: A Matrix and Summary of Major Federal and Select State Case Law Author: Marieke Lewis, Patrick Miller, Alice R. Buchalter Document No.: 228814 Date Received: November 2009 Award Number: 09-12-9699119-002 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. INTERNET CRIMES AGAINST CHILDREN: A MATRIX AND SUMMARY OF MAJOR FEDERAL AND SELECT STATE CASE LAW A Report Prepared by the Federal Research Division, Library of Congress under an Interagency Agreement with the National Institute of Justice October 2009 Researchers: Marieke Lewis Patrick Miller Project Manager: Alice R. Buchalter Federal Research Division Library of Congress Washington, D.C. 20540−4840 Tel: 202–707–3900 Fax: 200–707–3920 E-Mail: [email protected] Homepage: http://www.loc.gov/rr/frd/ p 61 Years of Service to the Federal Government p 1948 – 2009 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Library of Congress – Federal Research Division Internet Crime Cases PREFACE This report is the third in a series of reports prepared by the Federal Research Division for the National Institute of Justice (NIJ) on Internet crimes against children. It provides, in chart and narrative form, a summary of the findings of major cases on this topic that have been adjudicated in federal and select state courts. The states selected—California, Connecticut, Florida, Michigan, Missouri, New Hampshire, New Jersey, New York, North Carolina, and Pennsylvania—were chosen, in consultation with NIJ, because they have enacted major legislation. In a separate report prepared in July 2009—Internet Crimes Against Children: A Matrix of Federal and Select State Laws—researchers identified and summarized the major provisions of federal and select state laws that impose civil and criminal sanctions against persons convicted of Internet-related crimes. Using the July 2009 study and searching the Lexis database using key search terms and their derivatives, researchers linked the federal and state laws with major federal and state court decisions to compile this report. This report describes how the key statutory terms used to define child pornography, including “visual depiction” and “identifiable minor,” have been interpreted by the courts both in initial verdicts and in sentencing. The researchers also examined court decisions regarding the use of electronic communications devices, including the Internet, computers, and cellular phones, for purposes of soliciting children for sexual activity. The researchers also reviewed recent trends in law enforcement tactics as they are used in collecting evidence, the efficacy of appeals, and trends in sentencing. The report concludes with a comparison of state and federal case outcomes. i This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Library of Congress – Federal Research Division Internet Crime Cases TABLE OF CONTENTS PREFACE........................................................................................................................................ i INTRODUCTION .......................................................................................................................... 1 FEDERAL STATUTES AND CASES .......................................................................................... 1 Definitions................................................................................................................................. 1 Solicitation ................................................................................................................................3 Child Pornography.................................................................................................................... 5 Harassment/Bullying................................................................................................................. 5 Trends ....................................................................................................................................... 5 STATE STATUTES AND CASES................................................................................................ 8 Solicitation ................................................................................................................................8 California............................................................................................................................ 8 Connecticut ......................................................................................................................... 8 Florida ................................................................................................................................9 Michigan ............................................................................................................................. 9 Missouri ............................................................................................................................ 10 New Hampshire................................................................................................................. 11 New Jersey ........................................................................................................................ 12 New York........................................................................................................................... 12 North Carolina.................................................................................................................. 12 Pennsylvania..................................................................................................................... 13 Child Pornography.................................................................................................................. 13 California.......................................................................................................................... 13 Connecticut ....................................................................................................................... 16 Florida .............................................................................................................................. 16 Missouri ............................................................................................................................ 17 New Hampshire................................................................................................................. 17 New Jersey ........................................................................................................................ 18 New York........................................................................................................................... 18 North Carolina.................................................................................................................. 19 Pennsylvania..................................................................................................................... 20 Harassment and Bullying........................................................................................................ 20 California.......................................................................................................................... 20 Connecticut ....................................................................................................................... 20 Michigan ........................................................................................................................... 21 Missouri ............................................................................................................................ 21 New Hampshire................................................................................................................. 21 New Jersey ........................................................................................................................ 22 New York........................................................................................................................... 22 North Carolina.................................................................................................................. 22 Pennsylvania..................................................................................................................... 22 iii This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Library of Congress – Federal Research
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