It is important to secure competent legal counsel as soon as possible to argue your case successfully.

There are many defenses that can be explored to get a positive outcome in your case. For example, the first one that comes to mind is entrapment. These days law enforcement often pose as other users in chat rooms or on the dark net. They pose as someone actively seeking CSAM. You may not have ever done anything illegal but for their persuading you to so. There are legal motions we can file that may be dispositive for your case.  Remember, the government has become well versed in programs like BitTorrent, and can be on the dark net doing things illegal themselves all in their efforts to “combat crime.”

Additionally, when law enforcement comes to execute a search warrant for devices at your home or office, they must have a valid search warrant or everything they seized will be discarded and not used in the case against you. You need an experienced criminal defense lawyer to ensure law enforcement did not violate your Constitutional rights in executing the search warrant.

Sometimes, a download from a proper website can result in what is termed as an “accidental download”. We have experts ready to assist us in showing the government exactly what is and what is not on your devices and what is and what was purposely downloaded and accessed.

These are but some defenses that Conaway & Strickler, PC have successfully argued. Contact us to discuss your case in more depth. The consequences of a child pornography or CSAM (“Child Sexual Abuse Material”) conviction are severe and life-altering. And the collateral consequence of being on the sex offender registry can be devastating. We are here to help.

The recent conviction involving AI-generated obscene material of women and children highlights complex legal issues arising from the intersection of technology and criminal law. The Department of Justice is saying this is the first in the nation – a conviction of violating the new Take It Down Act. This new legislation, targeting AI-generated content, opens the door to prosecution of newly-defined crimes, but also raises critical questions about evidence, intent, due process, among others. This is especially an issue with any charges alleging CSAM (Child Sex Abuse Material). Recent cases are increasingly alleging use of generative artificial intelligence (AI) to digitally alter clothed images of minors into child pornography.

Prosecutors now have the ability to pursue cases involving synthetic media that depict explicit material. The use of AI to generate highly realistic images and videos makes these cases unique, requiring forensic expertise to distinguish fabricated content from authentic imagery. The prosecution must prove that the defendant knowingly produced and distributed material deemed obscene under the law, regardless of its digital origins.

One avenue for CSAM prosecution involves demonstrating that AI-generated content was used with the intent to exploit, harass, or endanger individuals. The law may enable prosecutors to argue that even virtual representations pose real harm, especially when circulated widely. In such cases, expert testimony and digital forensics play a crucial role in examining detailed technological material.

However, the defense may challenge the scope and application of the new law, questioning whether AI-generated images constitute actual offenses under existing legal definitions of obscenity and exploitation. Furthermore, issues of free speech and artistic expression may arise, requiring careful legal navigation. It is essential for courts to weigh the balance between protecting society and safeguarding individual rights.

As technology evolves, so must legal strategies. Defense attorneys fighting for clients charged with CSAM must remain vigilant, not only in protecting the rights of the accused, but also in ensuring that prosecution under new laws is fair, evidence-based, and respectful of civil liberties. The emergence of AI-generated content cases marks a new chapter in criminal justice.

If you or a loved one is facing charges related to AI-generated content, contact the attorneys at Conaway & Strickler to discuss your legal options.

Synthetic child sexual abuse material (CSAM) may not involve a camera or physical contact but it will depicts a child in a sexual context and thus is subject to regulation. Artificial intelligence is used to create realistic images or videos of children in sexual situations. Sometimes, these materials depict completely fabricated children or the face or likeness of a real child, placing them into sexualized content without their knowledge or consent. When it is the face or likeness of a real child, there is a higher likelihood of charges being imminent.

Can I be Charged with Synthetic CSAM?

It is possible to be charged criminally when in possession of AI generated child sex abuse material. There has been some movement in this area to litigate the legality of charging such activity criminally and only time will tell what that means for how the Supreme Court will rule as recent cases move through the system. News continues to state that AI – Generated CSAM is on the rise and “a growing concern” which will in turn result in additional federal and state criminal charges for AI-Generated CSAM.

Regulation of AI-created intimate images, often referred to as “deep fakes” has been broadly adopted by most states and the federal government. In the state of Georgia, there have been several attempts to change legislation including this recent letter written by Jon Ossoff. There are also recent prosecutions including a man in KY who was sentenced to five years for using AI to create child sexual abuse material. Prosecutions at the federal level for CSAM is on the rise as well.

If you learn that you are under investigation for offenses related to CSAM, you should contact us immediately. We are here to help and have experience to fight these cases.

The National Center for Missing and Exploited Children (NCMEC) CyberTipline is a centralized reporting system for the online exploitation of children. Facebook/Meta, Google, Instagram, Snapchat, Yahoo, Microsoft, X, etc are required to report suspected CSAM detected on their platforms. These providers make reports of suspected online sex crimes issues and NCMEC reviews each report, and then forwards it to law enforcement for investigation. The report typically includes a description of the images, cryptographic hash values assigned to each file, and the Internet Protocol (IP) address linked to the account in question.

Cases can also occur when computer repair technicians encounter suspected CSAM on a device, or if a family member or peer sees something and informs law enforcement. Additionally, if an allegation of child molestation is made against a suspect, that suspect’s devices may be seized and contraband files discovered.

II. How is the Dark Net involved in These Cases?

In a recent case, the DOJ arrested 18 defendants and dismantled four dark web sites dedicated to images and videos containing CSAM in “Operation Grayskull”.

Bitcoin is the most popular dark web currency. Litecoin comes in second as the most popular currency. Administrators of dark web sites use multiple websites under multiple pseudonyms, employing cryptocurrency mixers, numerous cryptocurrency wallets, and intermediary accounts to move the funds in an attempt to evade detection.

When a dark web site is dismantled, the users are tracked and ultimately arrested along with the administrators.

III. What are Some Ways to Defend These Types of Cases?

Conaway & Strickler, PC always advises seeking digital forensic experts in these types of cases. They can mirror image the devices seized and analyze them. They help decipher some of the more technical aspects of the discovery we receive. Their expertise can pinpoint precise steps the government may have missed in their investigation. They can also determine whether files were intentionally accessed, whether timestamps were manipulated, and whether malware or remote-access software could have created the material without the accused’s knowledge.

We also employ forensic psychologists to do a psychosexual evaluation to help provide mitigation and/or to provide a defense to the charges.

Conaway & Strickler, PC represents clients charged with Child Sex Abuse Material at the state and federal level. For further information, please see here or contact us. We are here to help.

Early on, Conaway & Strickler defended cases that stemmed from activity on classic peer-to-peer applications like Limewire.  These type of networks were simply software applications that provided a central hub for various computers to connect.  Napster, for example, was a peer-to-peer (P2P) file-sharing service that allowed users to share and download music files from other users’ computers.  These types of programs were utilized to distribute music, movies and child pornography.  Law enforcement was able to track those cases more easily.

Today, however, the government has also become well versed in programs like BitTorrent, Limewire and e-Donkey, among others.  When a hard drive or device is analyzed by the government, they now will produce a report detailing their forensic examination.  They will detail all of the evidence found on the device showing evidence of P2P Networking, search history, bookmarks  and they even cite images or image fragments found in cache locations.  Here is a recent example of a federal criminal prosecution of someone who downloaded images from the BitTorrent Network.

The P2P software programs allow the P2P networks to break large files into smaller segments that are then shared independently. The original purpose of this was to only optimize the download process by balancing the load among multiple users but it also increased the overall download speeds, as users can simultaneously download multiple segments from different sources.  BUT, in early prosecutions of federal child pornography cases using P2P applications, the government was unable to show the actual images on the devices anymore.   But, as described above, it is rare for a sophisticated user to have any actual images of CSAM on their devices.  So, today, the government’s forensic report will draws a picture of all activities on the device to show that the user intentionally downloaded child pornography.  We, at Conaway & Strickler, are well versed on the technicalities of defending a complex case like this and have years of experience of defending federal child pornography cases nationwide.  We also have a variety of top notch experts ready to assist us to mirror images these devices in order to do our forensics to mount the proper defense to any federal criminal charges lodged.

Contact us anytime if you have any questions. We are here to help.

Question: What types of issues come before the State of Georgia Nursing Board?

Answer: Below are some common issues the Board handles. Many of these issues may overlap, as most of this conduct also constitutes a crime.

1. Mishandling/misuse of drugs. This includes diverting medications intended for patients, taking medications for your own use, failing to document or inventory medications correctly, or submitting unauthorized prescriptions to pharmacies.
2. Sexual misconduct. This could include allegations of inappropriate sexual relationships with patients or sexually harassing colleagues.
3. Patient abuse or neglect. If a nurse physically, verbally, or mentally abuses a patient, or fails to provide them with timely or sufficient treatment, this could result in the loss of the nurse’s license.
4. Fraud. This may include allegations of falsifying patient records, misrepresenting credentials like education credits or diplomas, sending incorrect or inflated bills to insurance companies, etc.
5. Criminal convictions. Many convictions can disqualify nurses from practicing (such as driving under the influence or drug possession). Importantly, you can also lose your license if you do not disclose a past conviction (see below for more on the license renewal process).

Question: What happens when a complaint is filed against you?

Answer: If a complaint is filed against you with the board of nursing, the Board will review the complaint and open an investigation. If the allegations are serious, the board can issue an emergency temporary suspension of your license during the disciplinary process. Depending on the allegations, an investigator may be appointed to gather all necessary information, including documents, witness testimony, etc. The board may also ask you to submit a written response to the allegations in the complaint, along with any supporting evidence. The board will then decide whether there is enough evidence to support the allegations against you and move forward.

The Board may offer a consent order, allowing you to accept penalties without a formal hearing. The consent order typically involves admission to the wrongdoing and submitting to the disciplinary action recommended. If you decline, a formal hearing will be held, and disciplinary actions may follow. If no consent order is agreed to, you will be asked to appear at a formal hearing to defend yourself against the charges. After the hearing, the board will make a final determination. This could range from public reprimand to the suspension or revocation of your license. Even a minor disciplinary action can become a matter of public record, affecting your career and permanent reputation. It is critical to have a qualified attorney guiding you through this process.

Question: Why hire a nursing license defense attorney?

Answer: When a complaint is filed against you, the board of nursing does not consider you innocent until proven guilty, immediately putting you at a disadvantage. The Nursing Board’s primary goal is to protect the public, not defend nurses. With your career at stake, navigating the complexities of an investigation without legal assistance can be risky. Retaining a nursing license defense attorney ensures that your rights are protected, representing your best interests every step of the way.

Question: What if you are concerned about the license renewing process?

Answer: If you’ve been arrested or convicted since your last renewal, you need to proactively address these issues with the board. Building a mitigation packet and addressing any concerns early can significantly increase your chances of renewing your license without penalties. At Conaway & Strickle, PC, we are experienced in working with professionals to mitigate adverse Board actions related to arrests, substance abuse, and mental health issues. We can assist with not only getting your criminal case reduced or dismissed, but also renewing your license without sanctions.

Question: How can a DUI affect your nursing license in Georgia?

Answer: A DUI conviction in Georgia can result in probation and other penalties, such as random alcohol screenings, mental health evaluations, and restrictions on your nursing practice. These probationary conditions can last for years, depending on the severity of the case.

Below is a list of common probationary conditions that can be place on you following a DUI or an impaired driving under the influence of drugs charge in Georgia.

• Three years minimum probation (must be three years of continuous compliance, so the probationary period could be extended if you slip up)
• Psychotherapy Evaluation by a physician board certified in addiction medicine
• Psychotherapy Course of Treatment completion
• Quarterly Reports from Psychotherapist
• Mental and Physical Evaluation, with favorable finding pertaining to ability to perform duties
• Continuing Education Coursework
• Quarterly Reports from Employer
• Quarterly Reports from yourself
• Quarterly Reports from a Substance Abuse Treatment Aftercare program approved by the Board of Nursing
• Monthly PEth (blood alcohol) testing for first 12 months
• Bi-monthly random urine drug screens for duration of probationary period
• Random alcohol screens
• Enrollment in an Affinity Program, like the one offered by the Georgia Nurses Association
• Restrictions on nursing practice, often including an inability to practice in the following areas without prior Board of Nursing Approval: Agency/Pool Assignments; Private Duty Nursing; In-Home Nursing; Internal Float Pools; Travel Nursing; In-Home Hospice.
• Abstaining from alcohol, and mood-altering substances, including controlled substances unless prescribed.
• If prescribed any medication, providing a letter from the prescriber to both the Board of Nursing and the treatment/aftercare provider within 10-days of receiving such subscription.

Conclusion

If you’re facing challenges related to your nursing license, it’s important to act quickly. With the complexities of nursing board investigations and the potential damage to your reputation, having an experienced nursing license defense attorney is crucial. For more information, contact us today.

Reduction in Time Requirements

Previously, individuals convicted of a sexual offense in Georgia had to wait 10 years after completing their sentence before petitioning the court for removal from the Sex Offender Registry. SB 493 has reduced this waiting period to 5 years, making it possible for eligible individuals to initiate the process sooner. This amendment reflects a shift toward offering second chances, particularly for those who demonstrate low risk of reoffending.

Risk Level Consideration

While the waiting period has been shortened, the bill introduces a new hurdle: petitioners must now be classified as Level I offenders (low risk) by the Georgia Sex Offender Risk Review Board. Previously, individuals classified as Level II were eligible for removal after 10 years, but SB 493 restricts this privilege exclusively to Level I offenders. This change narrows the pool of individuals who may be eligible for removal from the registry, especially because many individuals remain “unlevelled” by SORRB for years. For individuals who are seeking leveling, the assistance of an attorney could be pivotal. Once you are levelled, there are limited ways to appeal that classification, and now, any classification other than Level I can jeopardize eligibility for removal.

Special Provision for Elderly Offenders

Senate Bill 493 also introduces an additional avenue for elderly offenders seeking removal. Individuals aged 80 or older are now eligible to petition for removal, provided they meet other conditions such as completing their sentence. This amendment is intended to ease the burden on elderly individuals who may no longer pose a threat to the community.

Challenges for Out-of-State and Federal Convictions

The bill also makes the process more challenging for individuals convicted outside of Georgia or under military/federal law. Such petitioners must now demonstrate that they have already been removed from the registry in their original state or under federal law before seeking removal in Georgia. Additionally, they must meet the same criteria as in-state offenders, including the new Level I requirement. This change adds significant complexity for out-of-state or federal offenders who wish to clear their name in Georgia.

Conclusion

In summary, SB 493 introduces both relaxed and tightened requirements for removal from the Georgia Sex Offender Registry. The waiting period has been reduced for those convicted in Georgia, but the risk level threshold has been raised. Additionally, elderly individuals now have new opportunities to seek removal, while out-of-state offenders face additional challenges.

However, it is important to note that the changes enacted by SB 493 only apply to those who committed offenses after July 1, 2024. These changes do not apply to individuals who committed offenses and were already on the Registry prior to July 1, 2024. It is crucial to understand what laws apply to your case with the constant changes to O.C.G.A. § 42-1-19.

If you or a loved one is seeking removal from the Georgia Sex Offender Registry, it’s essential to understand these changes and how they might apply to your case. Consulting with an experienced attorney can help navigate the petition process.

The FAA’s zero-tolerance policy, implemented in 2021, marked a shift from warnings to immediate enforcement. With incidents like physical assaults on passengers and crew members, the FAA has consistently referred the most egregious cases to the FBI. The FAA can impose civil penalties up to $37,000 per violation, but when these cases are referred for criminal prosecution, offenders face much harsher outcomes.

In 2023, over 1,240 incidents of unruly passenger behavior were reported. Of those, 43 cases were referred to the FBI for criminal prosecution due to their severity. These cases often involve physical altercations or inappropriate behavior that pose a threat to the safety of everyone on board. The FAA’s clear stance on holding individuals accountable shows that passengers who engage in such behavior will face serious repercussions.You can read more about the FAA’s referral process and efforts in their official statement and in further detail from FAA’s unruly passenger policy page.

Once referred to the FBI, many unruly passenger cases lead to federal charges, especially when sexual misconduct or violence is involved. These cases often involve unwanted touching, and allegations of individuals under the influence of alcohol or medication. Federal prison time and long-term consequences await those convicted of these serious crimes. For more information about how the FBI and federal prosecutors handle these cases, you can review this detailed account from the Department of Justice.

Beyond hefty fines, individuals charged with federal crimes for unruly behavior aboard a flight face significant prison time. Sexual misconduct in particular is treated severely, with offenders often sentenced to years in federal prison. The FAA and FBI are clear in their mission: passengers who pose a threat will be prosecuted to the fullest extent of the law.

For those facing such charges, it is crucial to seek legal representation immediately. At our firm, we are experienced in defending against federal charges related to in-flight incidents and can provide the guidance needed to navigate these complex cases. Contact us today for a consultation.

After an allegation has been made, there are a limited number of ways that the Title IX investigation can resolve:

1. Complaint Dismissal: In narrow circumstances, an institution is permitted, but not required, to dismiss complaints. See Board of Regents Policy 6.7.4(f).
2. Informal Resolution: Except in situations where a sexual misconduct complaint is made by a student against an employee, the parties can agree to resolve the matter outside of the formal hearing process. An informal resolution agreement may include terms such as agreeing to provide a written apology, undertake community service and/or counselling, or a leave of absence from the school. An experienced attorney can help you advocate in these negotiations.
3. Formal Hearing: If the complaint is not dismissed and an informal resolution is not reached, the investigation is ultimately referred for formal hearing before a panel. The results of formal hearing will often be the most significant – regardless of the outcome, the result of a hearing will be reflected on a student’s official records. Specifically, being formally found responsible for a Title IX violation not only carries the likely punishments of suspension or expulsion, but also the collateral consequence of a permanent mark on your school transcript.

Regardless of the resolution, there can be lasting consequences of a Title IX allegation. Even if resolved informally, certain schools or professional licensing boards may require the disclosure of any past Title IX allegations. As mentioned, a formal finding is reflected on your school transcript and could affect your future employment and education. For non-citizens, certain Title IX allegations could also impact an individual’s ability to lawfully re-enter the United States.

Most importantly, Title IX allegations often overlap with conduct that could also be considered a crime. For instance, a Title IX allegation of nonconsensual sexual conduct could also be criminally prosecuted under O.C.G.A. § 16-6-1, which carries a penalty of twenty-five years to life. When facing allegations of this severity, it is important to know that any statements or information you provide will be recorded and can be used against you – not just in the Title IX context, but also in a court of law. Having an advisor to assist throughout each step of the Title IX process is crucial to minimizing exposure to any criminal liability related to the allegations.

At Conaway & Strickler, we are experienced in helping students navigate the Title IX process and minimizing the consequences that these serious allegations may carry. Contact us today to discuss how we can assist you.

Airports are high security environments with strict rules enforced through law enforcement, federal agents, TSA checkpoints, drug-sniffing dogs, US Marshals aboard flights, and more. Being arrested at an airport is overwhelming, scary, and often times, completely unexpected. However, the consequences of these arrest can be serious and long-lasting. An arrest at an airport could lead to detention by law enforcement, criminal charges, and the need to retain legal representation.

If you are arrested at an airport, you may be taken into custody and transported to a detention center or police station where you will be held and processed until further legal proceedings. However, this does not always happen at the airport – you may leave the airport and later have a warrant issued for your arrest. In that case, you would still need to turn yourself in for processing with law enforcement. In either circumstance, it is essential to remember your rights, including the right to remain silent and the right to legal counsel. Contacting an experienced criminal defense attorney will help you navigate that distressing process with an advocate by your side.

Airport arrests can lead to severe criminal charges depending on the circumstances of your case. Common criminal charges in this context cover a broad range including drug offenses, sexual offenses, firearm offenses, DUIs, disorderly conduct, battery, theft, trafficking, and fraud. You could also be arrested at the airport for entirely unrelated criminal charges if you are simply identified and apprehended pursuant to an active arrest warrant, such as this recent arrest in Atlanta. Committing crimes while aboard an aircraft (like interfering with the performance of the duties of a flight crew) can lead to federal criminal charges and even more severe penalties. Many of these charges carry significant terms of imprisonment and hefty fines.

A strong legal defense is crucial if you have been arrested at an airport or are under investigation for alleged conduct at an airport. A skilled criminal defense attorney will guide you through the process, explain the charges against you, and evaluate the evidence to develop a defense strategy tailored to your case.

At Conaway and Strickler, we craft a defense based on the unique circumstances of each case and work closely with our clients to pursue favorable resolutions. If you have been arrested or detained at an airport, it is important to hire an attorney that is experienced in this area of law and can safeguard your rights throughout each step of the process. Contact us for a free consultation regarding your case.

The biggest wrinkle that this bill has caused so far is the requirement to be fitted by the Department of Community Supervision with a device capable of tracking the location of the sexual offender (aka ankle monitor) while on probation or parole and awaiting risk assessment classification from SORRB if the person has previously been convicted of a felony sexual offense. Basically, if the SORRB hasn’t leveled you yet, you will be contacted to get an ankle monitor at your expense, of course.

Or, if your assigned community supervision officer determines that a special need exists for you to wear an ankle monitor due to the ‘immediate danger to society the offender poses based upon a substantial risk of perpetrating a future dangerous sexual offense.’ then here they come as well with that ankle monitor.

There is some relief delineated in the bill. You can petition the court to have the ankle monitor removed. But, the court will need to determine if the person does not “pose an immediate danger to society” by a preponderance of evidence.

Please feel free to contact us to see if we can help!

Below are the federal statutes that address child pornography.

18 U.S.C. §2252 – Child pornography; 18 U.S.C. §2252A – Sexual exploitation of minors; and 18 U.S.C. §1466A – Obscene visual representation of sexual abuse of minors

18 U.S.C. 2251 – Sexual Exploitation of Children

——————————————————————————-

Below are the statutory minimum and maximum punishments for these offenses:

I. Possession of child pornography (first offense)

• No minimum; maximum 10 years
• BOL (Base offense level) 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2)

II. Possession of child pornography (second or subsequent sex-based offense and pornography depicts child under 12 years old)

• Minimum 10 years; maximum 20 years
• BOL 18 (27-33 months)
• 18 U.S.C. §2252(b)(2); 18 U.S.C. §2252A(b)(2)

III. Mailing, transporting, or receiving, or possession with intent to sell child pornography (first offense)

• Minimum 5 years; maximum 20 years
• BOL 22 (41- 51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1)

IV. Mailing, transporting, or receiving, or possession with intent to sell child pornography (second or subsequent sex-based offense)

• Minimum 15 years; maximum 40 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1)

V. Possession of visual representations of sexual abuse of children (first offense)

• No minimum; maximum 10 years
• BOL 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2) (per 18 U.S.C. § 1446A(a))

VI. Possession of visual representations of sexual abuse of children (second or subsequent sex-based offense & pornography that depicts child under 12 years old)

• Minimum 10 years; maximum 20 years
• BOL 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2)) (per 18 U.S.C. § 1446A(a))

VII. Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (first offense)

• Minimum 5 years; maximum 20 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1) (per 18 U.S.C. §1446A(b))

VIII. Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (second or subsequent sex-based offense)

• Minimum 15 years; maximum 40 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1) (per 18 USC 1446A(b))

IX. Production

• Minimum 15 years; Maximum 30 years
• BOL 32 (121-151 months)
• 18 U.S.C. § 2251

________________________________________

Below are the applicable United States Sentencing Guidelines.

Production USSG 2G2.1

This includes situations that involve asking a minor for an illicit image, or a situation such as the following link: https://www.wsbtv.com/news/local/metro-atlanta-couple-charged-with-using-adopted-kids-make-child-porn/DQIMBH4YZNFC5E6UUSSXM2HLDA/

BOL 32 (121-151 months)

POSSIBLE ENHANCEMENTS:

+4 under age 12;

+2 age 12-16

+2 sex act

+4 levels if sex act AND 18 U.S.C. § 2241 (a) or (b) Aggravated sexual abuse

Distribution USSG 2G2.2

BOL 22; 2252 and 2252A not under either below

Receipt

BOL 20 since not possession and defendant’s conduct was limited to receipt and there was no intent to traffic or distribute

Possession

BOL 18 2252(a)(4), 2252A(a)(5) or 2252A(a)(7)

POSSIBLE ENHANCEMENTS:

+2 under age 12

+x for pecuniary gain (see fraud table 2B1.1. but not less than +5)

+5 for any type of gain other than pecuniary

+5 if distributed to a minor

+6 if distributed to a minor to coerce minor to engage in illegal activity

+7 if distributed to a minor to coerce minor to engage in illegal activity and make minor travel

+2 if knowingly distributed other than described anywhere else +2 masochistic or sadist +4 if toddler or infant +5 if pattern +2 use of computer +2 10-150 images +3 150-300 images +4 300-600 images +5 600 plus images *Note with videos, it is very easy to get to 600 plus images.

There are many strategies for defending someone charged with these type of charges. Have the photos been edited? Are the individuals in the images actually under the age of 18? Were these images downloaded by accident? Did someone else have access to the computer? The router?

As described above, the consequences of a child pornography conviction are severe and life-altering. The collateral consequence of the sex offender registry can be devastating.

For further information, or if you have a loved one charged with this, please contact our firm.

For additional blogs, please see here

According to reports, the alleged victim sought treatment at a hospital. Hospital staff then contacted police. Police say that an investigation — including interviews with the victim as well as other parties — led them to believe that there is probable cause to make an arrest and file charges.

The accuser and the defendant reportedly attend the same private school. Police say that they do not believe that the reported attack was random but that both parties knew each other. They also claim that they do not believe that there are other victims. The 18-year-old defendant, currently in jail, is charged with statutory rape and rape.

In all cases, prosecutors must be able to prove guilt beyond a reasonable doubt in order to gain a conviction. Without corroborating witnesses, it is often difficult to meet this standard of proof in cases alleging rape. The teenager who faces such charges in Georgia is likely scared about his future and potentially confused about what to expect from the criminal justice system. Fortunately, an experienced criminal defense attorney can help guide him through the process, ensuring that he has the necessary information to make informed decisions about his case.

Source: Alpharetta, GA Patch, “Student Charged With Raping Classmate at Private School“, Kristal Dixon, April 27, 2017

Many may be surprised to learn that people (who have already served their full sentences) wearing ankle monitors post-prison are required to pay for the devices. The entire topic is being hotly debated in a Georgia Supreme Court. One justice said it is unfair to place that financial burden on someone who has already fulfilled the sentence for the crime committed. He noted that even a few dollars a day adds up to more per year than many people are able to afford.

Another surprising detail regarding ankle monitors worn by past offenders in this state is that if they remove them or do not wear them, there is no legal consequence. In other words, the state says the devices are meant to help authorities keep track of past offenders but are not punitive in any way. As such, some say the requirement is unconstitutional. One man who was fitted with a device then moved to another county where authorities chose not to make him wear it.

Courtroom arguments on the topic have not yet concluded. The results could greatly affect the lives of many people in Georgia who have already served time for their sex crimes. Anyone facing issues regarding this or any other criminal law issue may seek consultation with an experienced defense attorney for guidance.

Source: myajc.com, “Sex offender argues mandatory ankle monitoring unconstitutional”, Dec. 5, 2016

For more blogs on sex crimes, click here

The council member is suspected of having had a sexual relationship with a 17-year-old girl. Authorities claim the relationship has been ongoing since the girl was age 13. Her mother is said to have reported the relationship between her daughter and the man to police.

For additional blogs, click here.

At the time of this writing, the man had not been removed from his position on the city council. Spokespersons for the city said they have not yet gathered enough information about the situation to make any sort of decision. A two-thirds majority vote would be necessary to remove a council member from service. One councilman said that any member convicted of a crime involving moral turpitude then forfeits his or her position.

Anyone in Georgia or another state who is charged with sex crimes is able to fight those charges by retaining experienced defense assistance. There have been many instances in which charges are later dropped or dismissed by the court. Such dismissals often come about after defense attorneys alert the courts of evidence that renders the charges invalid. A defendant who believes that a particular situation is unfounded can seek immediate guidance to determine how best to proceed to seek a dismissal.

Source: The Atlanta Journal-Constitution, “Roswell councilman Ingleheart accused of 4-yar relationship with teen”, Steve Burns and Areille Kass, Oct. 21, 2016

The man has reportedly been teaching Taekwondo for at least 30 years. The recent allegations involve claims that he acted inappropriately with a 15-year-old boy at his apartment. The martial arts instructor stated he was merely practicing a particular self-defense move and that absolutely no crime took place.

After word of the recent accusations spread throughout the man’s community, another supposed allegation surfaced. This situation involved a woman who said the same instructor did something inappropriate to her when he was in his twenties and she was his martial arts student. The instructor is currently age 59.

The man is charged with soliciting sodomy and enticing a child. Approximately 50 parents of other students have demonstrated their support of the man’s innocence, saying he is a kind and spiritual man who has never acted in any unprofessional manner toward their children. The defendant has been granted a $120,000 bond and has reportedly retained criminal defense representation to fight the four counts of child molestation against him in court. Aggressive and experienced defense is often crucial toward obtaining a positive outcome in such situations. Anyone in Georgia facing similar charges who wishes to seek help in a particular situation may request a consultation with an attorney to begin the process of building a strong defense.

Source: ajc.com, “Georgia Taekwondo instructor charged with sex crimes”, Aug. 19, 2016

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Two days earlier, an unnamed person accused the supervisor of sexually harassing a female employee. The supposed incidents took place on two separate occasions earlier in June. The defendant was employed as the Senior Director of Housing Facilities Management at the university at the time the alleged acts occurred.

Sex Crimes: A spokesperson for Georgia Tech announced that the man was arrested and charged with sexual battery and aggravated sexual battery. At the time of this writing, he remained in police custody at a county jail. The university has placed him on administrative leave.

Georgia law carries a potential penalty of life in prison for sex crimes convictions for charges similar to those being faced by the housing supervisor. For this and many other reasons, defendants are advised to retain effective representation through experienced criminal defense attorneys before facing charges in court. There have been situations where a defense attorney is able to challenge a portion or all of the evidence against a client. In cases where convictions are handed down, there may be opportunities to seek reduced sentences or avoid incarceration altogether. A defense attorney is aware of all options that might be available and can offer advice about how best to proceed in light of an individual situation.

Source: FOX 5, “Exclusive: Georgia Tech supervisor arrested for sex crimes”, Claire Simms, June 26, 2016

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The politician now faces several serious sex offense charges regarding his alleged sexual involvement with minors. Aggravated sodomy and rape are among the allegations against the man. Bond has been set at $50,000

The mayor is currently being held in jail in Terrell County. Authorities seem to have become alerted to his possible sexual offenses during another man’s court trial. That 51-year-old man was convicted and sentenced to serve eight life sentences.

The court’s final ruling found that the 51-year-old man had used a child as a personal sexual object and used the child in sexual services to other adults. The outcome of the mayor’s situation remains to be seen. Prosecutors tend to aggressively litigate sex crimes involving minors.

Still, any person in Georgia facing charges for sex crimes is able to secure legal representation before proceeding to court. A defendant may increase the chances of building a strong defense and obtaining a positive result by relying on the experience and negotiating skills of a criminal attorney. An attorney is often able to develop strategies to combat the prosecution’s assertions. Depending on the events that led to an arrest, a criminal lawyer may find that there are grounds for challenging the procedures that were followed by authorities in the case.

Source: timesunion.com, “Georgia mayor indicted on child molestation charges”, June 8, 2016

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