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Posts tagged "sexual exploitation"

Search Warrant for Computer Upheld

A search warrant is formal judicial authorization for a search and/or seizure of property which may contain evidence of a crime. It requires a probable cause to suspect the property may contain evidence of a crime. It requires a 'nexus' between the suspected criminal activity and the property to be searched and/or seized. The evidence supporting the basis for the warrant is usually provided by affidavit. In a subsequent legal challenge to the issuance or validity of the warrant, a court must determine whether the affidavit contains sufficient information upon which to authorize the search in question. In the recent Tennessee case of State v. McCoy, E2013-02138-CCA-R3-CD (Tenn.Crim.App. 5-27-2014), the Court of Criminal Appeals upheld a search warrant for a computer based on suspected criminal online communication.

Search Warrant for Computer Upheld

A search warrant is formal judicial authorization for a search and/or seizure of property which may contain evidence of a crime. It requires a probable cause to suspect the property may contain evidence of a crime. It requires a 'nexus' between the suspected criminal activity and the property to be searched and/or seized. The evidence supporting the basis for the warrant is usually provided by affidavit. In a subsequent legal challenge to the issuance or validity of the warrant, a court must determine whether the affidavit contains sufficient information upon which to authorize the search in question. In the recent Tennessee case of State v. McCoy, E2013-02138-CCA-R3-CD (Tenn.Crim.App. 5-27-2014), the Court of Criminal Appeals upheld a search warrant for a computer based on suspected criminal online communication.

Evidence Sufficient for Solicitation of Sexual Exploitation of a Minor

Sexual exploitation of a minor is a relatively broad offense under Tennessee law which can include a variety of different conduct. It can be committed when a person eighteen years of age or older somehow causes a minor, or a law enforcement officer posing as a minor, to engage in sexual activity observed by the defendant or another person, or displays sexual activity to that minor. 'Sexual activity' itself has a broad definition under Tennessee statute, and can include various forms of sex or even just 'patently offense' or 'lascivious' exhibition. Soliciting such activity is a crime even if the conduct is not ultimately performed. In the recent Tennessee case of State v. Ritchie, E2013-01849-CCA-R3-CD (Tenn.Crim.App. 5-19-2014), the Court of Criminal Appeals affirmed convictions for soliciting sexual exploitation of a minor where the defendant offered a child money to view the child in her underwear and without her bra.

Evidence Sufficient for Solicitation of Sexual Exploitation of a Minor

Sexual exploitation of a minor is a relatively broad offense under Tennessee law which can include a variety of different conduct. It can be committed when a person eighteen years of age or older somehow causes a minor, or a law enforcement officer posing as a minor, to engage in sexual activity observed by the defendant or another person, or displays sexual activity to that minor. 'Sexual activity' itself has a broad definition under Tennessee statute, and can include various forms of sex or even just 'patently offense' or 'lascivious' exhibition. Soliciting such activity is a crime even if the conduct is not ultimately performed. In the recent Tennessee case of State v. Ritchie, E2013-01849-CCA-R3-CD (Tenn.Crim.App. 5-19-2014), the Court of Criminal Appeals affirmed convictions for soliciting sexual exploitation of a minor where the defendant offered a child money to view the child in her underwear and without her bra.

Evidence Sufficient for Solicitation of Sexual Exploitation of a Minor

Sexual exploitation of a minor is a relatively broad offense under Tennessee law which can include a variety of different conduct. It can be committed when a person eighteen years of age or older somehow causes a minor, or a law enforcement officer posing as a minor, to engage in sexual activity observed by the defendant or another person, or displays sexual activity to that minor. 'Sexual activity' itself has a broad definition under Tennessee statute, and can include various forms of sex or even just 'patently offense' or 'lascivious' exhibition. Soliciting such activity is a crime even if the conduct is not ultimately performed. In the recent Tennessee case of State v. Ritchie, E2013-01849-CCA-R3-CD (Tenn.Crim.App. 5-19-2014), the Court of Criminal Appeals affirmed convictions for soliciting sexual exploitation of a minor where the defendant offered a child money to view the child in her underwear and without her bra.

Forfeiture Against Home Valid in Sexual Exploitation Case

Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a person. In the recent Tennessee case of State v. Sprunger, E2011-02573-COA-R3-CV (Tenn.App. 8-26-2013), the Court of Appeals affirmed a trial court ruling seizing a home where the Defendant had operated a computer he used to commit the offense of sexual exploitation of a minor.

Forfeiture Against Home Valid in Sexual Exploitation Case

Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a person. In the recent Tennessee case of State v. Sprunger, E2011-02573-COA-R3-CV (Tenn.App. 8-26-2013), the Court of Appeals affirmed a trial court ruling seizing a home where the Defendant had operated a computer he used to commit the offense of sexual exploitation of a minor.

Forfeiture Against Home Valid in Sexual Exploitation Case

Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a person. In the recent Tennessee case of State v. Sprunger, E2011-02573-COA-R3-CV (Tenn.App. 8-26-2013), the Court of Appeals affirmed a trial court ruling seizing a home where the Defendant had operated a computer he used to commit the offense of sexual exploitation of a minor.

Multiple Offenses Against a Minor Lead to a Sentence of 174 years

When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not required, many circumstances may still exist under which a trial court has the discretion to impose sentences either consecutively or concurrently. In the recent case of State v. Hogg, M2012-00303-CCA-R3-CD (Tenn.Crim.App. 4-16-2013), the Tennessee Court of Criminal Appeals upheld a trial court's determination of numerous separate individual offenses and consecutive sentences leading to a total effective sentence of 174 years (132 of them to be served at 100%), arising out of a single sex encounter with a minor.

Multiple Offenses Against a Minor Lead to a Sentence of 174 years

When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not required, many circumstances may still exist under which a trial court has the discretion to impose sentences either consecutively or concurrently. In the recent case of State v. Hogg, M2012-00303-CCA-R3-CD (Tenn.Crim.App. 4-16-2013), the Tennessee Court of Criminal Appeals upheld a trial court's determination of numerous separate individual offenses and consecutive sentences leading to a total effective sentence of 174 years (132 of them to be served at 100%), arising out of a single sex encounter with a minor.

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