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Articles Posted in Child Pornography

Paul Teves was an eleventh grade school teacher working at the West Bridgewater High School. He also coached track. Now the thirty five year old stands charged with Distribution of Child Pornography in the Federal District Court for the District of Massachusetts. According to a report in the Brockton Enterprise, Teves used a screen name and described himself as a mother willing to pimp out her eleven year old daughter. Chats were either monitored or seized wherein Teves communicated with someone from Albuquerque who, once arrested cooperated and led officials to Teves. Teves was interviewed by investigating FBI agents. He admitted exchanging videos and stills of Child Pornography with others. It appears that Teves is not currently in custody.
The statute under which Teves is being prosecuted is likely 18 U.S.C. §2252. That law states that anyone who receives or distributes material that involves this use of a minor engaging in sexually explicit conduct and that depicts such conduct is guilty of a felony. A conviction of this offense is punishable by a minimum mandatory five year prison sentence.

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Massachusetts Child Pornography Defense Lawyer

Investigating these cases is often difficult and frustrating for law enforcement. People who engage in this type of conduct often do so from their homes. The mere fact that several people can live in one home and share the same IP address makes identifying the actual perpetrator difficult. Even if a person lives alone law enforcement officials know that unsecured IP addresses can be accessed by neighbors. Experienced Massachusetts Criminal Lawyers can exploit this fact when filing Motions to Suppress unlawful Searches and Seizures. While identifying the source or origin of the illicit activity may be easy, putting a suspect’s fingerprints on the keyboard is a much more difficult task. More often than not law enforcement agencies solidify their cases when they contact the suspect and get him or her to talk. The accused usually panics talk to the authorities. They think they can minimize the damage by admitting to wrongdoing and being cooperative. They are wrong. I have been practicing criminal law for over twenty four years and never once have I had a client who “talked his way out” of a criminal problem. The police are skilled at asking questions. The questions are designed to elicit certain answers. Once they get those answers their case strengthens. Also, rarely does a client come into my office, look at a police report and tell me “that is exactly what I said to them”. The response is almost always “that is not what I said”. This is why I always advise clients to say nothing and hire a lawyer. Lawyers are paid to protect you and to make sure that you do not jeopardize your legal rights by acting foolishly or on impulse.

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Yesterday a Framingham, Massachusetts man was arraigned in the Middlesex County Superior Court after having been charged with Possession of Child Pornography and Distribution of Child Pornography. The defendant, Thomas Hannover was released on his own recognizance. The Metrowest Daily News article did not provide details of the allegations stating only that the charges followed a two year investigation and that Hannover possessed fifty five files that could be shared peer to peer. A condition of Hannover’s release is that he stay away from children under the age of sixteen.

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http://www.metrowestdailynews.com/news/police_and_fire/x1757338943/Framingham-man-arraigned-on-child-porn-charges

Massachusetts Child Pornography Possession/Distribution Defense Lawyer

Child Pornography Possession and Distribution are types of Internet Crimes. There are lots and lots of people who access Child Pornography on the internet and have absolutely no idea that their actions constitute “distribution”. Now you are probably asking “how can that be?” The answer is easy. File sharing constitutes distribution for the purpose of Child Pornography Laws in Massachusetts. File sharing is the act of enabling access or distributing information that is stored digitally. You might remember Napster or Kazaa when they first came out. All you had to do was sign up and you could immediately search for, access and download music files for any artist for free. What you might now have known what that once these files were loaded people could access them from you computer and download them for their own use or actively distribute the songs. Well, even though you never openly said “come in and help yourself to my music” the act of joining up and using these programs constituted an act of distribution. The same applies here. If Hannover was using these programs so that he could possess the materials for himself, he was also permitting others to get into his files so that they too could view or download the Child Porn. District Attorneys in Massachusetts treat this as distribution, felony.

File sharing activities are being regulated by many governments throughout the world. This has been done to curb the erosion of certain areas of the entertainment industry, particularly the music industry. In many instances lawsuits were filed against people hosting peer to peer file sharing websites. On the criminal side prosecutors and law enforcement officials try to monitor these websites and prosecute people they believe to be exploiting children through these activities. Literally millions of Americans use peer to peer software. Sometimes downloading activities are done innocently or accidentally. Nevertheless, if caught these people are likely to face criminal charges making it imperative that they hire an Experienced Massachusetts Child Pornography Defense Lawyer.

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Brian Racine is forty six years old. He is registered under Massachusetts law as a level three Sex Offender. He is now in the fight of his life, fighting allegations that he committed Indecent Assault and Battery on a Child Under the Age of 14, a Second or Subsequent Offense on several occasions back in 2008. The Lowell Sun has been reporting the trial. The victim, who was eight years old at the time of the alleged incident apparently testified that Racine put his hand in the boys’ pants and moved his private parts. The two were watching a cartoon and the boy was sitting on Racine’s lap. According to the prosecution the boy and his family were staying with Racine while looking for their own place to live. Within a couple of weeks the abuse started. The boy said nothing for a couple of days. Then, when his family left Racine’s home the disclosure was made to his mother. Racine has been convicted on two other occasions of Sex Crimes. He was convicted in 1983 for an undisclosed offense. In 2003 he was convicted of Possession of Child Pornography if Federal Court. For that conviction he was sentenced to forty one months. Racine also faces prosecution for a 2009 case wherein he is accused of committing Rape of a Child with Force, Indecent Assault and Battery on a Child Under the Age of Fourteen, Second or Subsequent Offense and Assault With the Intent to Commit Rape. The current case is being prosecuted in the Middlesex Superior Court in Woburn.

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Woburn Massachusetts Child Rape Defense Lawyer

In 2005, in response to a horrific crime, the state of Florida enacted a law that became known nationally as Jessica’s Law. Jessica Lunsford was a nine year old who was killed by a sexual deviant who had been convicted of sex crimes against a child in the past. The law required lengthy minimum mandatory sentences for people who had been convicted of committing Child Sex Crimes. A bill similar to the Florida law was introduced to Congress but it never passed. That did not stop over forty states from adopting a similar law. The Massachusetts version is what Racine is being prosecuted under. The law in Massachusetts went into effect in 2008. The version of the law that Racine is defending against is codified in G.L. c. 265 §13B ¾. That section makes a conviction for this offense punishable by a minimum mandatory fifteen years in state prison. The prior Sex Crime Conviction enhances the sentence. In this case the outcome is simple. If the jury believes the victim, who is now eleven, Racine will serve at least fifteen years in prison. He could face up to life in prison. With a record like his and with a pending similar offense, no sentence would come as a surprise to a Massachusetts Sex Crimes Defense Lawyer.

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Two days ago Donald Slason of Dedham, Massachusetts was arrested. He has been charged with Possession of Child Pornography and Transportation of Child Pornography in the Massachusetts Federal District Court. No details other than the United States Attorney’s press release were provided.

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http://www.thecypresstimes.com/article/News/National_News/MASSACHUSETTS_MAN_INDICTED_ON_CHILD_PORNOGRAPHY_CHARGES/42718

Massachusetts Federal Child Pornography Defense Lawyer

18 U.S.C. §2252 and 18 U.S.C. §2252A are the primary Federal Child Pornography Statutes. Federal law takes effect when the images are transported across state lines or when the image was created with materials that were transported across state lines. People sending this material to someone in the same state might still be subject to this law if the server for the email is in another state. Mailing Child Pornography triggers the viability of this statute. It is also illegal to download Child Pornography from internet websites. Anyone convicted for transporting or distributing child pornography is subject to a five year mandatory minimum prison sentence of five years. The federal statute has certain affirmative defenses built in to it. This however is not an exhaustive list of the potential defenses that can be set forth during the trial of these charges. Many downloads come in bulk transfers made unintentionally. This can occur through emails or file share programs. People innocently searching for certain information can inadvertently access and download child porn. For instance, the website whitehouse.com used to be a website containing adult content. People who searched for this site thinking they were looking up facts about our presidents’ home were innocently surprised to find out that they were looking at something other than the White House. It is critical that anyone charged with this crime immediately contact an Experienced Child Pornography Defense Lawyer.

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Thomas Donahue of Ayer, Massachusetts is a level three sex offender. He now stands accused of making videos of naked boys on the internet. Agents went to arrest him at his home the other day unsuccessfully. It is believed that Donahue is now on the run. Donahue has been under investigation since he sent Child Pornography to an undercover officer in Canada back in October of 2008. Suspicions were corroborated when a Colorado man was found with Child Porn on his computer. The man cooperated with Federal Agents and Donahue was caught sharing files with this man’s computer. According to reports Donahue convinced boys between the ages of ten and sixteen to take off their clothes and perform sex acts while being filmed with a webcam. Eventually Donahue’s computer was seized. On it authorities found thousands of images and videos the majority of which contained Child Pornography. Donahue has a prior Sex Crimes conviction.

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http://www.nashobapublishing.com/ayer_news/ci_17591654#

All states have Child Pornography statutes as does the Federal Government. One of the most encompassing federal statutes dealing with this crime is 18 USC § 2251. As applicable to this case the statute make it a crime for anyone to use a child for visual depiction in sexually explicit conduct. A conviction for a violation of this law subjects the accused to up to thirty years in prison. For someone with a prior conviction such as Donahue it is likely that if convicted his sentence will be extremely high.

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Michael Provencher was arraigned Tuesday in the Marlborough District Court on charges of Child Enticement. According to the Metrowest Daily News, Provencher girl under the age of sixteen received a text of a sexual nature from Provencher. It is alleged that the girl knows Provencher. Bail was set in the amount of two thousand dollars, a sum that Provencher posted.

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http://www.metrowestdailynews.com/news/police_and_fire/x198685033/Marlborough-man-charged-with-sending-sexual-text-to-minor

Massachusetts Child Enticement Defense Lawyer

Child Enticement in Massachusetts is a felony. It is punishable by up to five years in state prison. The facts of this case suggest that Provencher will be prosecuted in the district court where the maximum he faces is two and one half years in the House of Correction. The law punishes anyone who the district attorney can prove beyond a reasonable doubt entices someone under the age of sixteen with the intent to violate one of several statutes; i.e. Indecent Assault and Battery, Rape, Statutory Rape, Prostitution, Child Pornography and more. Factual impossibility is not a defense to this crime meaning that you can be convicted in a sting operation using undercover decoys who are not under the age of sixteen. The law pertaining to this crime is broad and unforgiving. These cases are often difficult to defend and require the expertise of an Experienced Massachusetts Criminal Defense Lawyer. Never wait. Hire a lawyer now and start your defense.

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Last week Newton residents Steven Elliott and Kristin Kimball pleaded not guilty at their arraignment. Both stand charged with Rape of a Child, Posing a Child in the Nude and Contributing to the Delinquency of a Minor. Elliot is also charged of Aggravated Rape of a Child and Possession of Child Pornography. The incident is alleged to have occurred in Marlborough, Massachusetts. Elliott was released on five thousand dollars bail. Kimball was released on her own recognizance. The case is being prosecuted in the Middlesex Superior Court in Woburn. No further details were given in the article referenced below nor does the Middlesex County District Attorney’s Office reference this case in its press releases.

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http://www.wickedlocal.com/newton/news/x1380095779/Newton-residents-charged-in-Marlborough-child-rape

Posing a Child in the Nude, Massachusetts

The crime of Posing a Child in the Nude is proscribed by Massachusetts General Laws Chapter 272 Section 29A. There are several subsections of that law. The law itself is designed to punish anyone who is involved in exhibiting someone under the age of eighteen in a state of nudity, “for the purpose of representation or reproduction in any visual material”. The statue has a ten year minimum sentence and a maximum of twenty years. Consent is not a defense to these charges. Whereas the defendants also face charges of Rape of a Child, a child being under the age of sixteen, it is clear that the victim in this case must be younger than sixteen.

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Mark McConnell of Osborne Street in Salem, Massachusetts has been charged with Possession of Child Pornography and Distribution or Dissemination of Child Pornography in the Salem District Court. It is alleged that McConnell had downloaded photos and videos of girls who according to the district attorney had been Raped and Kidnapped. The prosecution stated that McConnell used a file-sharing program to access the illicit material. Bail was set at ten thousand dollars cash. Apparently McConnell was caught by law enforcement logging on to a file sharing service on June 15, 2010. His IP address was accessed and a Search Warrant was issued. McConnell’s computer was seized during the search. Over seven hundred illicit photos were found on the hard drive. It is unclear as to whether this case will be prosecuted in the district court or the Essex County Superior Court. It is also possible that this case will be prosecuted in the Massachusetts Federal District Court.

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http://www.salemnews.com/local/x1907082991/48-year-old-man-charged-with-possessing-child-porn

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Salem, Massachusetts Child Pornography Defense Lawyer

Possession of Child Pornography and Dissemination of Child Pornography are both felonies in Massachusetts. The former is prohibited by Massachusetts General Laws Chapter 272 Section 29C. A conviction for that offense carries a maximum five year state prison sentence. The latter crime is proscribed by Massachusetts General Laws Chapter 272 Section 29B. A conviction for that crime carries a minimum ten year sentence and up to twenty years in state prison. Prosecutors in Massachusetts take the position that file sharing constitutes distribution even if the defendant downloaded the material only and never actually sent the material to someone else. This is a major point of litigation in these cases right now. Anyone charged with one of these crimes in Massachusetts should immediately hire an experienced Massachusetts Criminal Lawyer who has defended Child Pornography cases. McConnell will likely have defenses to these charges and pursuing these defenses should start now.

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Middleboro, Massachusetts resident Christopher Roy was detained in a Texas airport on June 12, 2010. He had been suspected of purchasing memberships to Child Pornography websites. Authorities entered his laptop and found Child Pornography videos on the hard drive. Roy admitted to downloading thirty five such videos over the preceding two weeks. On June 16, 2010 charges were filed in Federal Court in Texas against Roy. That same day he was arrested in Middleboro. The case will be prosecuted in federal court in Texas.

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http://www.enterprisenews.com/news/cops_and_courts/x2071993664/Middleboro-man-arrested-on-child-pornography-charges

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Massachusetts Search and Seizure Lawyer

It appears that the viability of the government’s case hinges on the legality of the search of the laptop. Understandably customs and airport officials will search through bags for contraband particularly at international terminals. However, the question is how much authority do they have. Is it legal for them to turn on the computer and search the hard drive absent probable cause and a search warrant. This is most likely the issue that Roy’s Federal Criminal Defense Lawyer will most vigorously litigate. In Massachusetts, countless cases are thrown out yearly as a result of law enforcement’s unlawful searches and seizures. Hiring an Experienced Massachusetts Criminal Lawyer is the first step anyone should take towards fighting against violations of constitutional rights.

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Richard Hall, 61 of Marshfield, Massachusetts was arrested two days ago by Marshfield Police. It was reported that the police were notified by authorities in Illinois that Hall might be a part of a child pornography ring. This operation possibly consisted of chat room members who shared Child Porngraphy files over the internet. With this information local law enforcement obtained a search warrant. Armed with this Search Warrant they entered Hall’s Forest Street home around 9:30 Monday night. They located pictures of children engaged in sexual acts. They also seized several computer hard drives. Bail was set in the Plymouth District Court at three thousand dollars. Hall faces charges of Distributing Photographic Material of Children in a Nude State, Possessing Child Pornography and Distribution of Material Depicting Children in a Sexual Act. This case will probably be prosecuted in the Plymouth County Superior Court in Brockton.

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http://www.patriotledger.com/news/cops_and_courts/x1602636442/Marshfield-man-arrested-on-pornography-charges

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Plymouth County Massachusetts Child Pornography Defense Attorney

More and more you read about people getting charged with some sort of Child Pornography Crime in Massachusetts. Law enforcement officials seem to be more dedicated to patrolling the internet to catch offenders. Most police departments now have computer crimes units. Many district attorneys offices units dedicated to the prosecution of internet crimes, particularly those involving Child Pornography. The Massachusetts Attorney Generals office has an excellent unit devoted to prosecuting these cases. Defending these crimes requires a certain degree of computer forensic knowledge. As a Massachusetts Criminal Defense Lawyer who defends many Child Pornography related allegations I recommend engaging the services of a computer forensics expert who can investigate the viability and accuracy of the charges and who can also educate the defense attorney on the strengths and weaknesses of the district attorney’s case. As with any crime, these cases can be successfully defended.

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