Category Archives: Sex Crimes

FEDERAL CHILD PORNOGRAPHY PROSECUTIONS UNFAIR?

While allegations of child pornography do cause an immediate feeling of repulsion and fear in most people, it is vitally important for defense lawyers…

CHILD PORNOGRAPHY SENTENCES ARE SIMPLY OUTRAGEOUS

When has a sex offender convicted of possessing child pornography paid his debt to society? It is the natural response upon hearing of children…

Teachers Are Victims of False Allegations

Students Make False Allegations of Sexual Abuse Against Teachers Teachers are often the focus of false allegations made by students. Whether the student is…

Crossing the Line from “Preparation” to “Attempt” to Engage in Sex with a Minor

It is called proactive online policing: law enforcement officials posing as minors, or guardians of minors, on the Internet to catch child sexual predators.…

Greg Abbott Supports Big Business over Rape Victim

Most everyone living in a major media market in Texas has seen State Senator Wendy Davis’s first statewide campaign ad released during the first…

Recanted Testimony Fails to Meet “Extraordinaily High” Burden for Claim of Actual Innocence

Probably the most difficult constitutional claim to establish in a federal habeas corpus proceeding is one of “actual innocence.” This premise was reinforced by…

File Sharing Not Necessarily Distribution

File sharing permits the public or private sharing of computer data in a network that allows multiple people to read, view, modify, copy, print,…

Supreme Court Clarifies Child Pornography Restitution Issue, Somewhat

In recent years people who were victimized as children by child pornography have turned to the Violence Against Women Act of 1994 (“VAWA”), codified…

Victim Restitution in Child Pornography Cases Still In Flux

The road of Hades is sometimes paved with good intentions. This is so with the case of Luis A. Montalvo-Cruz (“Cruz”) whose appeal to…

Texas’ Statute Criminalizing Sexually Explicit Online Communications with Minors Declared Unconstitutional, Cases Dismissed

The Texas Court of Criminal Appeals (TexCrimApp) this past October upset district attorneys and “tough on crime” legislators throughout the state when it declared…

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