Sexual assault is an incredibly serious crime. Those accused of it can face serious consequences. But is sexual assault a federal crime?

The answer depends on the specifics of the case, including where the alleged assault took place and who was involved. Here’s what you need to know.

State vs. Federal Jurisdiction in Sexual Assault Cases

Whether or not an act of sexual assault is considered a federal crime depends on several factors. This includes where it occurred and the people involved.

Generally speaking, most cases of sexual assault are charged as state crimes because they involve two people who are citizens of the same state. In these cases, local law enforcement handles all aspects of the investigation and prosecution.

However, in certain situations, the federal government may become involved.

One example would be if someone committed acts of sexual violence against another person on tribal land or military bases. In these instances, the perpetrator could face charges from both state and federal prosecutors.

The same is true if either person accused of committing an act of sexual violence is an employee or representative of the US government. In this case, they could be prosecuted by both state and federal authorities depending on where the incident occurred.

Finally, if someone claims to have been sexually assaulted while crossing state lines they could potentially file charges at both the state and federal level. An example of this would be if someone is assaulted during an airplane flight. Assaults that occur on airplanes are always considered federal crimes.

Federal Penalties for Sexual Assault Convictions

If convicted at the federal level for an act of sexual violence, penalties will depend largely on what type of charge has been filed against you.

For instance, aggravated sexual abuse carries more severe penalties than criminal sexual abuse does. Whether or not you have a prior criminal record also affects the situation.

Sentences can range from several years in prison to life in prison without parole. Fines can range anywhere from $250 to $250,000 or more. Individuals found guilty may also need to register with their local sex offender registry upon their release from incarceration.

It’s easy to see why anyone accused of committing acts of sexual violence should seek out legal counsel right away. Penalties for a successful conviction of sexual assault are hefty and can affect you for the rest of your life.

Sexual assault is a serious crime that carries significant penalties regardless of whether it’s charged at the state or federal level. If you’re facing charges for sexual assault it’s wise to hire an attorney. They understand how to navigate through the legal system and will ensure you receive fair treatment under the law no matter which court has jurisdiction over your case.

For more information or to discuss your situation with an experienced legal professional, contact David Lindsey.

If you’ve been accused of a computer sex crime, you need a child pornography lawyer.

Child pornography is a serious offense with harsh penalties. Most people accused of crimes related to child porn end up in their situation for one of two reasons:

• They intentionally sought out the material
• They unintentionally came into contact with it

But did you know there’s another way you could face accusations of a crime related to this type of content that occurs partially on purpose and partially unintentionally?

This is the case when someone is underage or involved in a legal relationship with someone under the age of consent but illegally sends or receives pornographic images.

What should young people know about dating and child pornography laws?

What is Child Pornography?

Child pornography is defined as any visual depiction of a minor under the age of 18 engaged in sexual activity or nudity. This includes:

• Real images
• Photos
• Computer-generated images
• Drawings

Possession of Child Pornography

It is a crime to possess, receive, or distribute child pornography. Even if you did not create the images, simply possessing it can result in serious criminal charges. Possessing just one image of child pornography can lead to 20 years in prison.

Charges can arise for a variety of reasons.

For example, you download images from the internet onto your computer. Or you share images of child pornography with someone else. Or you receive images directly from someone.

This is the case whether or not your interaction with the subject of the material is legal or not. You could be a 16-year-old dating another 16-year-old. It could be illegal for the two of you to share illicit images, even if it’s consensual.

Defenses

If you are facing child pornography charges, several potential defenses may apply to your case.

For example, if you did not know that the person in the images was under 18 years old, you could use that as a defense.

Additionally, if you were entrapped by law enforcement officers posing as minors online, you may also have a defense to the charges.

An experienced criminal defense attorney can help evaluate your case and determine which defenses may apply.

Child pornography is a serious offense with harsh penalties. If you are facing child pornography charges, it is important to understand the laws and possible defenses. An experienced criminal defense attorney can help you navigate the criminal justice system. They’ll fight for the best possible outcome in your case.

If you or your child has been accused of a crime related to illegal pornography, you need an experienced child pornography lawyer. Contact David Lindsey for a free consultation.

Have you been accused of possession of illegal pornography? Here’s what to know.

Being accused of possession of illegal pornography is a frightening experience. If you’ve been accused of this crime, you must understand your legal rights and what the best course of action is for your particular situation.

You must contact a criminal defense attorney immediately if you’re accused of possession of illegal pornography. An experienced attorney will be able to advise you of your legal rights and help you develop a strong defense against the charges.

In some cases, it may be possible to have the charges dismissed or reduced if the prosecution cannot prove that you knowingly possessed the illegal material. However, you need a strong defense. Even those found guilty have alternatives to incarceration. These include probation or community service. An experienced criminal defense attorney will fight for the best possible outcome in your case.

When is Pornography Illegal?

One of the smartest things you can do to avoid accusations that you possess illegal porn is to understand what’s legal and illegal when it comes to this type of content.

Pornography may be illegal if it meets any of the following criteria:

It’s Obscene

Obscene material is material “appealing to the prurient interest” that is “patently offensive.”

For the courts to consider something obscene, it must also lack any literary, artistic, political, or scientific value. If convicted of distributing obscene material, an individual could face up to 5 years in prison.

It Involves Children

Child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years old). This includes photographs, videos, digital or computer-generated images, and even drawn or cartoon images.

Federal law prohibits the production, distribution, reception, and possession of an image of child pornography. If convicted, an individual could face up to 20 years in prison for each image.

It Involves Revenge

Revenge porn is when someone distributes sexually explicit images or videos without the consent of the person depicted in the material. Federal law prohibits the distribution of revenge porn and carries a possible sentence of up to 5 years in prison.

It Involves Bestiality

Bestiality porn refers to sexual acts between humans and animals (including body parts). Federal law prohibits the creation and distribution of videos and photos containing bestiality content and carries a possible sentence of up to 7 years in prison if convicted.

It Includes Copyrighted Material

One of the reasons pornography can be illegal has nothing to do with sex.

Copyright infringement occurs when someone violates any one exclusive right granted to a copyright owner under federal copyright law. These exclusive rights include:

• Reproduction
• Distribution
• Public performance
• Public display

It Documents Illegal Activity

Voyeurism laws vary by state but generally prohibit anyone from secretly recording someone else’s nudity or sexual activity without their consent with the intent to view or disseminate the footage for sexual gratification or financial gain.

You must take swift and decisive action if you are accused of possession of illegal pornography. The first step is to consult with a criminal defense attorney who can help you understand your legal rights and options. With an experienced attorney on your side, you’ll have the best chance of achieving a positive outcome in your case.

Contact David Lindsey to discuss your legal situation with an expert.

Is sexting illegal? Here’s what you should know.

You might have heard the term “sexting” before, but you might not be entirely sure what it is.

What is Sexting?

Sexting is defined as the act of sending sexually explicit messages or images electronically, typically between mobile phones. It can also refer to any sexual message or image sent without the recipient’s consent.

Is Sexting Illegal Legal?

The answer to this question isn’t as simple as a yes or no.

While sexting between two consenting adults isn’t illegal, there are certain situations where it could lead to criminal charges. For example:

A Participant is Underage

If you send a sexual message or image to someone who is under the legal age of consent, you could be charged with the distribution of child pornography.

This is true whether or not you are underage. Children sharing explicit data with one another can get into legal trouble, even if they are the same age. Make sure your children understand the legal aspects of sexting. They should know how dangerous it can be to participate in what might seem harmless or only slightly daring to them.

Messages Aren’t Consensual

If you send a sexual message or image without the recipient’s consent, you could be charged with harassment or stalking. Remember that just because someone sent a sexual message or image doesn’t mean they consented to receive one. Always make sure you have explicit permission before hitting “send.”

You’re Legally Barred from Contacting the Recipient

You can’t text, much less sext, someone who has a restraining order against you.

A restraining order is a legal order issued by a judge that requires one person to stop harming or contacting another person. It is also sometimes called a protective order or an order of protection. If someone violates a restraining order, they can be arrested and charged with a crime.

If you violate the terms of your restraining order by texting the person you’re ordered not to contact, you could be arrested and charged with contempt of court. Depending on the state you live in, this could be either a misdemeanor or felony charge.

For some, sexting can be a fun and harmless way to flirt. However, it’s important to be aware of the potential legal consequences before sending anything. Even if you find it in poor taste, it might be legal. But then again, there are many situations in which you’d be violating the law by sending or receiving sexually suggestive messages on your phone.

If you’re ever unsure about whether or not something crosses the line, err on the side of caution and don’t send it. After all, it’s better to be safe than sorry!

To learn more about sexting or to speak to someone if you’ve been accused of a sexting crime, contact David Lindsey.

There is a big difference between possessing pornographic material and distributing pornographic material.

Distributing pornography is a serious crime that can lead to severe penalties, including jail time. Possessing pornography, on the other hand, is not necessarily a crime. Although it may be considered one if the possession is found to be part of a larger distribution scheme.

What should you know if you are facing criminal charges related to pornographic material?

Possessing Pornographic Material

It is not a crime in the United States to possess legal pornographic material.

In the United States, pornographic material is defined as anything depicting sexual activity or nudity in a manner intended to cause sexual arousal or excitement. This includes both real and simulated images of sexual activity, as well as nudity.

It wasn’t until 1977 that officials made an effort to ban the production and dissemination of pornographic materials featuring children. Before that, only two states had laws prohibiting the use of minors in pornographic performances or materials.

Under current-day federal law, it is a crime to possess, distribute, or produce non-fictional child pornography. Anyone accused of doing so is at risk of large fines and prison sentences. This could mean up to 30 years upon conviction.

Additionally, they must register as a sex offender.

What Should I Do If I’m Accused of Possessing or Distributing Illegal Porn?

It is a crime to possess or distribute illegal porn in the United States.

Distributing illegal pornographic material means you’re committing two crimes – possessing illegal porn and distributing it to other people.

Keep in mind, possession of child pornography, either on your computer or in tangible form, without distributing it is still a serious crime. It puts you at risk of a lengthy stint in Federal Prison depending on the particular facts of the case. You must contact an experienced child pornography attorney as soon as you suspect you are under investigation.

Your potential time in prison increases under the Federal Sentencing Guidelines when there’s a conviction of distribution, in addition to possession.

It’s also important to remember that accessing peer-to-peer networks to view illegal porn could put you at risk of severer penalties. Many people who use these networks do not realize that accessing these networks allows other users to download files from their computers. You might not intend to share (distribute) pornographic materials, but you could still face increased penalties when using these networks.

The legal elements of distribution could be met if another member, or the government, accesses illegal pornographic material from your computer through one of these networks.

If you’ve been accused of possession or distribution of illegal pornography you need a lawyer. It’s best to work with someone familiar with child pornography laws who understands the severity of the charges you’re facing. An experienced attorney can complete an investigation including a forensic evaluation of your computer.

To learn more or to speak to someone who can help you if you’ve been accused of possessing or distributing illegal porn, contact David Lindsey.

If your autistic child is accused of a crime, they may be exempt from the most severe legal consequences. This is because the courts recognize that autistic children often have difficulty understanding and following rules and may not be able to control their behavior.

However, this does not automatically exempt your child from all legal consequences should they commit a crime. The court will still consider the specific circumstances of the case and the severity of the offense when making a decision.

Was Your Child Accused of a Sex Crime?

There are a few things to keep in mind if your child is facing charges. First, it is important to remember that your child has a right to a fair trial. You should do everything you can to ensure that your child receives a fair hearing.

Second, it is important to understand that the autism diagnosis itself is not a crime. Nobody will assume your child is guilty solely due to their diagnosis.

Third, you should be prepared to work with your child’s therapists and other professionals. This ensures that they are receiving the best possible care. This may include making sure that your child has access to appropriate resources and services.

Finally, it is important to remember that you are not alone. There are many resources and support groups available to help families in this situation.

Can You Use Autism as a Criminal Defense?

Autism might serve as part of the defense of children accused of a crime. It depends on the specific facts of the case and whether the court believes that autism significantly impaired your child’s ability to understand the wrongfulness of his or her actions.

People with autism sometimes misunderstand the consequences of their actions.

For example, they may not realize that stealing is wrong because they do not understand the concept of property ownership. Or they may not realize that punching someone is wrong because they do not understand the pain that they are causing.

For autism to be a successful defense, you’ll need to show that it significantly impaired your child’s ability to understand the wrongfulness of his or her actions. This can be a difficult standard to meet.

It is important to note that, even if autism does significantly impair their ability to understand the wrongfulness of their actions, they may still be found guilty of a crime. In some cases, the court may find that the public needs protection from your child’s actions. This is true even though they did not understand that they did anything wrong.

Advocate for Your Child and Support Them throughout the Legal Process

Acting as your child’s advocate during this challenging time is one of the most important things you can do.

This begins with making sure the prosecutor takes your child’s autism diagnosis into account.

If you haven’t already, educate yourself about autism spectrum disorder and how it can impact a person’s behavior. This way you can better understand your child’s actions. Be patient and understanding with your child as they go through the legal process. The entire thing can be very confusing and overwhelming.

It also helps to seek support from other parents of autistic children, as they can offer valuable insight and advice.

Finally, and perhaps the most important thing you can do is to hire an experienced lawyer. Find someone who is familiar with autism and how it affects a person’s ability to understand and comply with the law.

You can learn more about autism from the CDC.

If you have concerns that your autistic child may be accused of a crime, it is important to speak to an experienced criminal defense attorney who can help protect their rights.

Can a child get in trouble for sending dirty pictures? Here’s what you need to know.

Child pornography is any image that depicts a minor engaged in sexual activity or that is sexually suggestive. Sharing such images is a crime in many jurisdictions and can result in severe penalties, including jail time.

Surveys show nearly one in four young people have shared images that fit this description of themselves online. The study, conducted by the cyberbullying research center Ditch the Label, also found that one in seven young people have had someone threaten to share an inappropriate photo of them.

It’s no wonder parents are concerned. In addition to their safety, there are also legal concerns.

Generally speaking, it’s not illegal for someone to share an inappropriate photo of themselves – so-called selfies.

However, there are some exceptions to this rule.

For example, if the subject of the photo is a minor the content becomes child pornography, which is illegal to possess and/or share.

Also, the court considers photos taken without a subject’s awareness or consent pornographic. You can face criminal charges for sharing possessing or sharing photos like this.

Additionally, if the photo was shared in a way that could embarrass or humiliate the subject, then there could also be legal repercussions.

For instance, if the photo was shared on a social media site like Facebook, a defamation lawsuit is possible.

Colorado Laws

Colorado has a specific statute for minor “sexting.”

The 2018 law created a tiered approach, separating abusive forms of sexting (such as malicious distribution) from consensual electronic exchange of explicit images. This means the court takes the defendant’s intentions into account.

Prior to this law, the only option was to charge a minor involved in sexting with a felony.

Felony charges are still possible under the new law if there are aggravating circumstances. However, according to the law, juveniles MAY NOT be charged with felony exploitation if their conduct is limited to the elements of petty offense (possession) or civil infraction (exchange) under this law.

You can learn more about Colorado’s sexting law here.

Self-Created Pornography Exceptions

At the federal level, the reason why your child is unlikely to face arrest for sharing pictures of themselves is because of a concept called the “self-created child pornography exception.” These legal exceptions apply to images that are created by minors themselves.

In other words, if your child takes a nude or semi-nude picture of themselves, they’re less likely to face charges of possessing or distributing child pornography. But it’s not impossible.

This exception doesn’t mean that your child won’t get in trouble for sharing nude or semi-nude pictures of themselves. They could still face disciplinary action from their school or other consequences from their parents. The person to whom they sent those images, even if that person is also a minor, could also get into trouble.

Remember, laws frequently change. And in the case of child pornography, lawmakers are erring on the side of restriction. The trend is toward broader definitions of child pornography with increased prosecutions and harsher penalties.

What to Do If Your Child Sends Inappropriate Pictures

If you’re concerned about your children sharing nude or semi-nude photos of themselves, the best thing you can do is talk to them about the risks. Explain to them that it’s a bad idea. Even if legal problems don’t arise, they face other risks associated with sharing these kinds of images.

For example, someone could share their pictures without their consent or they could be subjected to cyberbullying.

If you think your child has shared nude or semi-nude pictures of themselves, you can talk to a lawyer to get more information about your legal options. This is especially true if law enforcement launches an investigation.

An experienced attorney can help you understand any charges your child is facing and the potential consequences of those charges. They can also help you navigate the legal process and protect your child’s rights.

Can a child get in trouble for sending dirty pictures?

Was your child accused of doing so?

It’s important that you not speak to law enforcement without first consulting an attorney. For more information or to schedule an appointment, contact David Lindsey.

Few crimes damage your reputation like child molestation. If you’ve been falsely accused of acting inappropriate with a child, everything is on the line. Child molestation charges affect your career, your personal life, your reputation in your community, and more. You could end up on a sex offender registry for the rest of your life.

If you have been accused of molesting a child or you suspect you could be, you need to reach out to an attorney immediately.

Despite the protections offered by the law and the idea that someone is innocent until proven guilty, you face an uphill battle if you’re accused of child molestation. The so-called court of public opinion won’t bother examining evidence or considering all of the factors involved in your case.

The smartest thing you can do in this situation is to contact an experienced attorney.

What Can You Do to Reduce the Risk of False Accusations?

If you work with children or spend time around kids, there are several things you should do to protect yourself from false accusations. For example:

• Behave respectfully and professionally with children and their parents.
• Avoid speaking about anything inappropriate, even if you are joking.
• Make sure your interactions with children are public. If you must be close to a child, make sure other people are around to see your interactions.
• If you are in the midst of a divorce and concerned your spouse might accuse you of something, do your best to act as amicably as possible. False accusations of molestation occur more frequently than most people realize in family law disputes.
• Limit interactions with children on social media. People take comments out of context and use them against you, especially if false accusations arise.
• If accused of wrongdoing, request that your attorney handles all communication with law enforcement and prosecution. Law enforcement and the legal system use comments made by innocent people against them. Don’t assume that anyone is on your side, other than your attorney. Do not think that being innocent means you won’t face charges or be convicted.

There is very little you can do to prevent people from making accusations against you. The best thing to do is build a strong defense.

What Can You Do to Protect Your Rights If You’re Falsely Accused of Child Molestation?

The smartest thing you can do when facing false accusations of child molestation is to contact an attorney as soon as possible. Even if there are no charges yet and law enforcement only wants to speak to you about a situation, you need to have an attorney assisting you.

You shouldn’t hope that the situation goes away or wait until it resolves itself on its own. Nor should you wait until it escalates. The best thing you can do is to have professional legal support protecting your rights. As difficult as your situation might be, your attorney will not judge you. They are there to help you and support you through this challenging time.

For more information or to discuss your case with a legal professional, contact David Lindsey.

There are laws against solicitation of prostitution in many states. It’s a criminal offense and can lead to serious penalties. If you’ve been charged with solicitation of prostitution you need to speak to an attorney as soon as possible.

What is Solicitation?

Solicitation of sexual acts is illegal in Colorado.

You can be charged with solicitation of prostitution if you attempt to sell or purchase sexual services for compensation. The attempt can occur verbally, through your actions, or by general conduct.

Solicitation of prostitution is a crime of specific intent. This means that to be guilty of the crime, the prosecutor must show that you seriously intended to offer or accept money for sexual acts. Even if you deny any serious intent, the legal system can convict you if the other party involved confirms they made an offer.

What Penalties Could You Face for Solicitation?

• Fines
• Probation
• Jail

What If There is Entrapment?

Sometimes accusations of solicitation result from entrapment. Entrapment can occur when law enforcement runs a sting operation in an attempt to compel someone to hire a sex worker.

When law enforcement encourages or induces someone to commit a crime that they would not have committed without that encouragement, it might be a case of entrapment.

In some cases, people respond to the misleading language used in a sting and innocently end up in situations they never intended to occur. It’s possible to speak to a sex worker without ever intending to purchase their services. This is not a crime. However, the prosecution can present the conversation as something it was not when attempting to accuse that person of a crime.

Situations even exist in which someone acts on the offer to receive sex in exchange for money without realizing what they agreed to. You’re innocent if you turn away from a situation once you realize it involves sex. Unfortunately, miscommunication can still lead to an arrest. Prosecutors can charge you with solicitation even if you never intended to do anything wrong.

Many legal defenses against accusations of solicitation involve proving no predisposition to committing a crime before police involvement.

What Should You Do In Response to Accusations of Solicitation?

Accusations of solicitation, especially if your situation involves entrapment, can be extremely difficult to deal with. Not only do you face the risks of fines or jail time, but your reputation is also on the line. Even a not guilty ruling could ruin your reputation.

Working with an experienced defense attorney familiar with solicitation charges increases your chances of a successful outcome with as little damage as possible. An attorney will review your case and help you create the strongest defense. Even if you know you are innocent of the charges against you, it’s important to contact an attorney for assistance.

If you’ve been accused of solicitation of prostitution, you need legal assistance. For more information or to discuss your case with a legal professional, contact David Lindsey.

What can you do if you’re accused of possessing illegal porn?

There’s no denying that people intentionally seeking illegal pornographic materials, much of which features minors, deserve to face legal consequences.

But what about people who accidentally end up in possession of illegal pornography?

Modern technology allows for the simple and rapid exchange of all kinds of material. It surprises many people to learn how often illegal porn ends up on people’s computers and other devices by accident.

What to Expect and What Should You Do If You or a Loved One is Accused of Possessing Illegal Porn?

First, it’s important to understand what the law deems illegal when it comes to pornographic content. You can learn more in this guide from the Department of Justice.

Most of these cases begin with a search warrant for a computer or other device believed to contain illegal material. Law enforcement requests a warrant when someone reports to them the suspicion of pornographic material. In other cases, websites shut down for posting or promoting illegal material have their client/customer lists confiscated.

If law enforcement has a search warrant, there isn’t much you can do to prevent the confiscation of your device. But this doesn’t mean you should say anything to them about the matter.

Avoid Speaking to Law Enforcement

One of the worst things you can do if questioned by police about illegal pornographic material is to speak to them without an attorney. Even if you had no idea the material was on your device or you believe that it is not on your device, the prosecution can use anything you say against you.

Law enforcement has no obligation to be honest with you during its investigation. They can use a variety of tactics to trick you into admitting something. Sometimes, they try to confuse you into saying something that paints you as a criminal. Everything you say once an investigation is underway is evidence and becomes part of the prosecution’s defense against you.

The sooner you hire an attorney the better. These types of investigations can be lengthy. Waiting until the prosecution files charges to contact an attorney costs you precious time that you could be building a defense.

If you’ve been accused of possessing illegal porn, now is not a time to do nothing and hope for the best. You must be aggressive and make smart choices when facing charges of possession of illegal pornography, even if you are innocent.

Will Law Enforcement Return My Device?

You should not expect to get your device back, at least not any time soon. If law enforcement has confiscated it for an investigation, you’re better off replacing the device. The original device is evidence in a criminal investigation and chances are, you’ve lost the original device forever.

Possession of child pornography could result in both state and federal charges. You could face lengthy time in jail, as well as significant fines. Charges with or without a conviction could ruin your reputation and interfere with all aspects of your life. You must take the situation seriously and assume the worst-case scenario will unfold, even if you are innocent.

What are the Potential Defenses for People Facing Illegal Pornography Charges?

The good news is most people accused of possessing child pornography have several potential defenses they can use. For example:

• The prosecution must prove intent to convict you of possessing illegal pornography. The defendant must know that the material in their possession is illegal and the prosecution must show this to be the case. If you had no idea what was in your possession was illegal could be part of your defense.
• If you share your computer or another device with someone else, the prosecution could have a tough time proving you were the person who intended to gain access to the illegal materials. Likewise, if you or someone using your device downloads material without knowing what the content of the material might be. This is often the case when clicking on links without knowing what they lead to and/or extracting images in bulk from a zipped file.
• Some states require the defendant to download the material. If there is only proof that someone viewed the illegal material without downloading it or they did not realize they’d downloaded it – they did not “knowingly possess it,” the prosecution could have a tough time proving possession.
• The prosecution must show you intended to distribute the materials to other people if you’re accused of dissemination of illegal pornography. If someone gained access to illegal material on your computer via a peer-to-peer sharing system and you didn’t know how these programs worked, a conviction of intent to distribute is unlikely.
• The original search warrant used to seize your devices must be legal. This means law enforcement needs probable cause. Otherwise, they cannot use the evidence gathered as a result of the warrant against you. Your attorney will carefully review the search warrant filed against you to ensure it was legal.

Contact an Experienced Attorney

Despite the challenges the prosecution faces proving its case against you, it still has the upper hand. There is no doubt the legal system favors the prosecution in these cases. Those people accused of possessing illegal pornographic material face an uphill battle. This is why it’s so important to reach out to an attorney immediately, as soon as you suspect you are under investigation.

To discuss your situation with an experienced professional or to learn more about your options if accused of possessing or distributing illegal pornography, contact David Lindsey to schedule a free consultation.

Any arrest, especially when it’s linked to a sex crime, can be scary and intimidating. This is especially true if your arrest involves solicitation. But what happens if the law is interpreted in such a way that you’re not only charged with solicitation, you’re also charged with human trafficking?

Why is there a distinction and what is the main difference between human sex trafficking and solicitation?

Defining Solicitation

Solicitation occurs when a request for a sexual act is made. If money is given in exchange for the sexual act, solicitation is a crime. If the solicitation involves an underage child it’s a felony crime. Laws vary from state to state concerning whether the solicitation of an adult is a felony or misdemeanor, but it’s usually a misdemeanor.

Defining Human Trafficking

Human sex trafficking is related and is a sex crime, but it’s generally viewed as more serious. It’s a federal offense no matter the age of the victims or any other factors. Trafficking occurs when someone, often a third party, uses threats, coercion, or tricks to lure someone into prostitution. Victims of sex trafficking are moved from one location to another and typically forced into the sex trade against their will.

Why the Difference Matters

If you find yourself facing charges of solicitation and/or human trafficking, it’s important to understand the difference because the penalties vary a great deal. You can get into trouble for breaking laws related to solicitation, but the punishment is going to be a great deal different than it would be if what you did is construed as trafficking.

Making matters worse, a lot of people confuse the two crimes or assume someone guilty of solicitation must have been involved in trafficking. Unfortunately, blurring the line between these two semi-related crimes hasn’t done anyone any good and can be especially problematic if you’re the one accused of a crime.

Treating solicitation as if it is the same as trafficking can not only hurt those accused of a crime, it can make life more difficult for those involved in sex work voluntarily.

As a matter of fact, that’s one of the key differences between trafficking and sex work: victims of trafficking are just that – victims – who have not chosen their lives. They have been forced into their role and would not continue to do what they are doing if given a choice.

Voluntary sex workers, on the other hand, have not been coerced or threatened into their role. They entered into sex work knowingly and willingly and continue to choose to do what they are doing. And in most places, sex workers are also committing a crime, while those who have been trafficked are not criminals.

This means if you’re accused of solicitation you’re engaging in a crime with someone who has willingly agreed to commit that crime with you. If you’re participating in trafficking, the person or persons being victimized are not participating willingly. Furthermore, you don’t even need to intend to engage in a sex act with the victim to be accused of trafficking.

For a more detailed explanation of how the FBI defines sex trafficking, check out this information on their website.

Every case is different and it’s easy to see why it can be difficult to interpret the law correctly and determine exactly what crimes took place when it comes to sex crimes and trafficking. This is one of the reasons why it’s so important to have an experienced attorney who understands the legal differences between sex trafficking and solicitation working for you if you’re accused of any sex related crime.

If you’ve been accused of either crime and you aren’t sure what to do next, I can help. Contact David Lindsey to schedule a consultation.

No matter the reason your accuser has taken action, you need to protect yourself. Any allegations of sexual misconduct should be taken seriously, even if you know you did nothing wrong. Law enforcement and the legal system will take the situation seriously – you should too. You should not speak to anyone about the allegations until you speak with a lawyer. Do not speak to law enforcement, and do not speak to anyone else. Politely decline to discuss the matter, and explain that you do not wish to speak about the matter. You are never obligated to speak with anyone—including law enforcement officers.

Accusations of sexual misconduct are some of the most frightening you can face. Whether you were involved in a misunderstanding or you’ve overstepped your boundaries and the person wants to take legal action against you, it’s important you get legal help fast.

Your Rights are More Important than Your Discomfort

As difficult as it might be to speak to someone about the allegations against you, it’s imperative you contact an experienced attorney.

Put your embarrassment aside and focus on protecting yourself. You could be facing charges with very little evidence against you. It’s possible to wind up in jail because of a misunderstanding – do not put your future at risk because you feel uncomfortable talking about the situation at hand.

It’s common for someone accused of sexual misconduct – especially someone who is innocent of the crime for which they are accused – to want to plead his or her case. Unfortunately, speaking to law enforcement, even if you are telling the truth, can get you into trouble. They use interrogation techniques that can trick you into admitting to something you didn’t do or have you corroborate the details of their investigation and lend support to their case against you.

You should never speak to law enforcement unless you have an attorney there to guide you through the conversation. This is the only way you can be sure you do not fall for a trick or say something that can later be used against you.

Sex Offenders Face Lifetime Penalties

Sexual offenses carry harsh penalties and many of these penalties are mandatory. This means you could face extensive jail time and steep fines, even if you are innocent. Not to mention you’ll likely be required to register as a sex offender – a registration that lasts a lifetime and can damage your reputation forever.

To learn more about sex offender registry laws, visit the website for the US Department of Justice.

It is your right to have an attorney present when you are questioned by police. You should be told this when you are arrested, but if you are being questioned as a person of interest and you are not under arrest, chances are law enforcement won’t mention your right to an attorney. You should have attorney with you whenever you speak to law enforcement, regardless of your situation.

In many cases, law enforcement believes you to be guilty before they even speak to you. Their interrogation is an opportunity to strengthen their case. Do not give them the opportunity to use your words against you.

If you’ve been accused of sexual misconduct, you need an attorney on your side. For more information or to schedule a consultation, contact David Lindsey.

The ordinance barred convicted sex offenders from living within 2,000 feet of any school, park or playground, or 1,000 feet of any licensed day care center, recreation center or swimming pool or on any property located next to a bus stop, walk-to-school route or recreational trail. U.S. District Judge R. Brooke Jackson ruled that the ordinance “leaves essentially no place for offenders to live” and pushes them into neighboring cities, thereby violating their civil rights.

The state’s Sex Offender Management Board has asked repeatedly that communities not pass such local residency restrictions, because such ordinances often cause offenders to drop out of the state wide registration system, and prevent them from successfully reintegrating into society.

Englewood Colorado’s deputy city manager Michael Flaherty claims that the ordinance “wasn’t directed at the entire class of sexual offenders but only sexually violent predators, felons and those that have committed repeat offenses,” and was never intended to violate anyone’s civil rights. The Englewood City Council passed the ordinance to “protect residents, especially the youngest and most vulnerable of our citizens.”

The suit was brought by the American Civil Liberties Union. “Local ordinances that ban sex offenders from living in a particular community provide a false sense of security,” said the ACLU’s Legal Director. “As the State Sex Offender Management Board has noted, these ordinances don’t prevent sex offenses and they don’t increase safety.” The ruling is likely to have an impact on other communities in the Denver Metro area who have sought to adopt similar measures, including Commerce City, Greeley, Greenwood Village, Castle Rock and Lone Tree Colorado.

A prosecution expert in sex crimes made false claims about his assessment of a Texas man’s alleged sexual assault of a young relative, leading to a 20-year sentence for that crime.

https://www.mdavidlindsey.com/Practice-Areas/Crimes-Involving-Illegal-Sexual-Conduct.shtml

In a unanimous ruling, the Texas Supreme Court has concluded that defendant Michael Arena should be re-sentenced because testimony provided by an expert witness was found to be false and misleading. While stopping short of reversing Arena’s conviction altogether, the court found that false statements made by the expert undoubtedly contributed to the length of his sentence; Arena, who was fourteen years old at the time the alleged assault took place, has already served nearly 13 years of his sentence. He continues to maintain his innocence; the victim has since recanted their testimony.

Arena was sentenced to 20 years in prison based on the testimony of licensed psychologist Dr. Frederick Willoughby, who labeled him a pedophile likely to offend again; this conclusion was reached after performing a test called the Abel Assessment on Arena that required him to view images and measure his level of sexual interest in the people pictured. In Willoughby’s testimony regarding this test, he claimed – falsely – that the test was 85% accurate and had been independently verified. The Abel Assessment’s accuracy is in fact closer to 65%, and an independent expert has never verified its reliability.

Because the prosecution relied so heavily on this expert testimony, referring to it repeatedly in their closing arguments, the Supreme Court concludes that it had a substantial influence on the sentence.

According to authorities, a relatively new type of sex crime seems to be on the rise in the Denver area: upskirting, or taking pictures up women’s garments without their knowledge or consent.

Perpetrators of this sex crime may believe that it is harmless and that no one is getting hurt. While it is true there are no apparent physical effects, there are emotional wounds and of course, those can cut very deep. Interestingly enough, a clinical therapist who has been working in Colorado for 16 years recently said she believes that the act can lead to the perpetration of worse sexual crimes. She insists that the crime is as serious as sexual assault.

Neither the therapist nor a national victim’s rights group could provide statistics for the crime in Colorado. This is because it is perpetrated very furtively. Many individuals have gotten away with upskirting without the victim ever knowing and most have done so more than once. Some convicted offenders have said that they have performed the act more than 100 times. With the advent of modern technology, many of these images can easily end up on the Internet. Some are saying that because of cell phone cameras, the act is being perpetrated more often.

One man in Littleton, Colorado who was suspected of upskirting recently admitted to the crime in court. He had been going to local grocery stores for two to three months and taking intimate and unknown photographs of women with his cell phone camera. Security officials managed to observe the acts on camera. Situations such as this show that, in many cases, upskirters are not usually caught on their first attempt. When the thrill diminishes, many of these offenders turn to worse sex crimes.

Once again, people who perpetrate this act may think they are not doing anything wrong. But of course, they are and might find themselves in a lot of hot water if they are caught. In circumstances like that, the services of a criminal defense attorney may prove very valuable.

Source: KUSA-TV, “Upskirting cases on the rise,” Lori Obert and Jeremy Jojola, Sept. 16, 2011

A recent arrest has landed a 42-year-old Wellington, Colorado, man in jail for allegations of Internet crimes. The man was the subject of an investigation done by the Littleton Police Department and the Colorado Internet Crimes Against Children Task Force.

The investigation, which led to the 42-year-old man’s arrest, involved an Internet sting operation. An undercover detective posing as a 14-year-old girl allegedly engaged in online conversations with the Colorado man. Police say they suspect he may have exposed himself during one or more of the chats.

This case shows how seriously Colorado police officers and investigators take instances of Internet sex crimes. Police in this case used an undercover investigator to go after this man and perhaps others.

Those who have been caught in a sting operation often feel trapped and ganged up on. It may seem like there is nothing they can do to avoid arrest or a conviction. However, that is not true.

Experienced Colorado defense attorneys know that everyone is innocent until proven guilty. Certain circumstances can cause a police investigation to backfire. For example, some officers may be overeager to arrest someone, so they search a computer or other property without the proper warrant. In these cases, any evidence collected in an illegal search may be discarded and not used against you. Strong defenses can be built to challenge Internet crime charges.

Source: The Coloradoan, “IN BRIEF: Man arrested in Internet sex case,” Aug. 6, 2011

A man who allegedly molested more than 10 young boys has been sentenced to 30 years to life in prison for his sex crimes by a judge in Colorado.

The 42-year-old man has spent time in prison previously for convictions of sexual assault against two boys during the 1990s. During discussions related to his plea agreement, the Colorado man admitted to molesting other boys. The two other molestation incidents that the 42-year-old admitted to happened in 1997 and 2008.

During an investigation, the man supposedly declared that he had sexually abused 10 other boys. He allegedly gained the boys’ trust and then molested them. It is believed that many of the boys have not come forward. Many of his alleged previous molestations, still unaccounted for, occurred in a different state. According to investigators, the man does not remember enough information about his victims. This has prevented police from finding any of his unknown victims.

The man was also found to be in possession of child pornography. After he was informed of an unexpected probation officer visit to his home, he allegedly phoned his roommate to ask if he would remove his computer from their residence. The roommate allowed police to listen in on the conversation as the 42-year-old asked his roommate to put his computer in the trunk of a car and take the vehicle to a nearby restaurant parking lot.

This story is a clear example of the serious consequences of sex crimes. Colorado authorities do not take these cases lightly. This man could be in jail indefinitely as Colorado law gives sex offenders an indeterminate sentence. If officers in the prison think he will commit more crimes, he may never be released. This is why it is so important that people who have been accused of a sex crime understand their rights. Experienced Colorado defense attorneys know how complicated these cases can be. A legal professional may be able to help determine your options.

Source: The Gazette, “Repeat sex offender gets maximum sentence,” Lance Benzel, July 22, 2011

A former teacher has been charged in a sex crimes case in Colorado. The man has been charged with sexual exploitation of a minor via the Internet.

The 33-year-old man was living in Arizona at the time of his arrest. The man had been working as a teacher at the Marana Unified School District in Arizona for two years. When employed at the school, the man allegedly spent time frequenting chatrooms online. Colorado police posed as an underage girl in the chatrooms to lure in possible sexual predators. They were soon contacted by the man.

Allegedly, the man started talking with the supposed teenager in April, and conversations carried on for more than two months. He supposedly requested topless pictures on occasion and engaged in graphic sexual conversation with the officer posing as the girl.

In early July, Colorado police contacted the man via the telephone and informed him of the sting operation. He was asked by authorities to turn himself in by coming to the police station in Golden, Colorado. The man agreed to their request and reported to the police station.

Upon arrival, he was arrested and charged with two counts of sexual exploitation of a child through the Internet and one count of sexual exploitation of a minor. He posted a $10,000 bond and was granted a pretrial services travel permit, allowing him to travel back to Arizona before his trial. He is scheduled to appear in court on September 16.

This case shows the lengths that police will go to in order to catch suspected sexual criminals. In this situation, Colorado police deceived the teacher by pretending to be a young girl. These sting operations can leave the accused person feeling trapped. However, it is important to remember that everyone is innocent until proven guilty. Those who are facing sex crime charges may find it helpful to speak with an experienced defense attorney.

Source: The Explorer, “Former Marana teacher charged with sexual exploitation of a minor,” 20 July 2011

If a person has any kind of criminal record, he or she may not be afforded the benefit of the doubt if police suspect involvement in a crime. In a recent Colorado case, after “monitoring” a 31-year-old Fort Collins man who has been convicted of burglary in the past, police jumped at the opportunity to arrest him in connection with a sexual assault that took place in early July. So far, however, police have failed to provide a reason for arresting him for the crime.

The sexual assault charges, however, are not the only thing that police are going after him for. Police allege that he set fire to the home where he allegedly committed sexual assault against a woman on July 5. For that, he has also been charged with arson and attempted first-degree murder.

The man has been linked to multiple burglaries that took place years ago when he was 18. After spending time in an alternative-sentence program, the man was moved to a psychological unit for reported “distorted thinking.”

In this recent sex crime, police allege that the man entered the woman’s home, assaulted her and then lit the home on fire. After leaving the home, he supposedly stole her vehicle and left the scene. The woman, still inside, escaped the burning building by jumping out of a window. She was hospitalized for injuries sustained.

The charges against the man are as follows: sexual assault, arson, first-degree assault, attempted first-degree murder and motor vehicle theft. All of the charges are felonies.

Police have not given any reasons for why the Fort Collins man is a suspect in the assault. All they have said is that he happened to be in the same area as the attack the day it took place.

Source: The Coloradoan, “Man accused of sex assault, arson,” Trevor Hughes, 13 July 2011

Late last week, a Colorado man pleaded not guilty to charges of sexual assault. The man, 38, has been accused of assaulting two women who live near Colorado State University.

According to allegations by police and prosecutors, the man entered the homes of each woman without their knowledge. The first case involved a 23-year-old woman who called police when she noticed items missing from her home. She only realized she had been sexually assaulted after a police officer recommended that she been examined by a doctor.

The second woman, 20, said the man raped her and made her perform oral sex. She said the man used a knife to threaten her.

According to police, DNA evidence was obtained that ties the man to the assaults. Neither of the women knows the man, and the women do not know each other.

The Fort Collins man now faces five counts of sexual assault, all of which are Class 2 felonies. If found guilty, he could be sentenced to 24 years or more in prison. He has also been charged with burglary and kidnapping.

The public defender who will represent the defendant will request that the two assault cases be tried separately. Prosecutors, however, would like them to be tried together. The man is scheduled to appear in court next month.

As this case shows, Colorado law enforcement officers take any allegation of sex crimes very seriously. If a person is convicted, he or she could be faced with serious penalties that may include jail time. Some people may also have to register as a sex offender.

When your freedom is at risk, it can be very frightening. Experienced Colorado attorneys understand how difficult and overwhelming a time like this can be. If you have been accused of committing a sex-related crime, seeking professional legal advice may be helpful in understanding your rights and options.

Source: Coloradoan.com, “Man pleads not guilty to sex assaults,” Trevor Hughes, 09 July 2011