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PRACTICE MATERIALS Law of the Internet, Aspen Publishers, Inc., LC Call #: KF390.5.C6D45 Sex Offender Registration and Notification: A Megans Law Sourcebook,

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Presentation on theme: "PRACTICE MATERIALS Law of the Internet, Aspen Publishers, Inc., LC Call #: KF390.5.C6D45 Sex Offender Registration and Notification: A Megans Law Sourcebook,"— Presentation transcript:

1 PRACTICE MATERIALS Law of the Internet, Aspen Publishers, Inc., LC Call #: KF390.5.C6D45 Sex Offender Registration and Notification: A Megans Law Sourcebook, Civic Research Institute, Inc., LC Call #: KF9323.W3 Obscenity Law Reporter, National Obscenity Law Center, LC Call #: KF9444.A59026 The Prosecution and Defense of Sex Crimes, Matthew Bender, ISBN 0820515620 Criminal Investigation Handbook, Matthew Bender, ISBN 0820516732 Looseleaf Services

2 PRACTICE MATERIALS Obscenity Litigation, 10 Am. Jur. Trial 1 § 5.5 Application to Photos and Films Depicting Children § 5.7 Internet Obscenity The Defense of a Computer Crime, 70 Am. Jur. Trial 435 § 42 Computer Pornography Federal - Am. Jur. Trial

3 PRACTICE MATERIALS Cyberporn: Transmission of Images by Computer as Obscene, Harmful to Minors or Child Pornography, 61 Am. Jur. Proof of Facts 3d 51 Proof that Motion Picture is Obscene or Harmful to Minors, 55 Am. Jur. Proof of Facts 3d 249 Just the facts, maam. Just the facts. Federal - Am. Jur. Proof of Facts

4 PRACTICE MATERIALS Complaint, Petition, or Declaration by State for Injunction -- Exhibition of Obscene Motion Picture, 18B Am. Jur. Pleading and Practice Forms § 123 Complaint, Petition, or Declaration by State for Abatement of Nuisance -- Premises Used for Dissemination of Pornography and as Place of Assignation, 18B Am. Jur. Pleading and Practice Forms § 128 Complaint, Petition, or Declaration for Permanent Injunction Seeking Temporary Restraining Order -- Exhibition of Obscene Motion Picture, 14A Am. Jur. Pleading and Practice Forms § 25 Federal - Pleading and Practice Forms

5 PRACTICE MATERIALS Warrant Must Be Supported by Probable Cause, § 641.10, Criminal Procedure, Search and Seizure, (Warrant to search individuals residence in internet child pornography case was properly issued on basis of activity of defendants registered screen name...United States v. Grant, 218 F.3d 72, 75 (1st Cir. 2000)) Warrant Must Describe with Particularity Place to be Searched and Person to be Seized, § 641.11, Criminal Procedure, Search and Seizure, (Warrant authorizing seizure of defendants entire computer system deemed reasonable where object of warrant was child pornography, United States v. Lacy, 119 F.3d 742, 746-747 (9th Cir. 1997)) Federal - Moores Federal Practice

6 PRACTICE MATERIALS Revocation or Modification of Probation or Supervised Release, 3 Fed. Prac. & Proc. Crim. 2d § 542 (Rule 32.1), (The Tenth Circuit held that the district court did not commit plain error in imposing a special condition of supervised release barring a defendant convicted of possession of child pornography from using or accessing the Internet without the prior permission of the probation officer, U.S. v. Waiser, 275 F.3d 981, (C.A.10th 2001)) Area Protected, 3 Fed. Prac. & Proc. Crim. 2d § 663, (In an appeal from a conviction involving child pornography,the court held that a public employers remote, warrantless searches of the defendant employees office computer did not violate his Fourth Amendment rights..., U.S. v. Simons, 206 F.3d 392 (C.A.4th 2000)) Federal - Wrights Federal Practice and Procedure

7 PRACTICE MATERIALS Sexual Exploitation Generally, 18 U.S.C.A. § 2251 et seq. Online Privacy Protection, 15 U.S.C.A 15 § 6501 et seq. Sentence and Punishment, Hutchinson, Yeleen, Hoffman and Young, Federal Sentencing Law and Practice § 2G1.1 Sexual Offenses Generally, Wests C.R.S.A. § 18-7-501 Instructions to Jury, CO Jury Instructions, Criminal, 12:09 et seq. Registration of Perpetrators, Wests C.R.S.A. § 18-3-412.5 State – Wests Colorado Law Finder

8 PRACTICE MATERIALS State - Colorado Law Annotated Obscenity Generally, C.R.S. 18-7-101 et seq. Sexual Exploitation of Children, C.R.S. 18-6-403 Sexual Exploitation of Children, C.R.S. 18-6-404 Promotion of Obscenity, C.R.S. 18-7-102

9 PRACTICE MATERIALS Jury Instructions Trafficking in Children, Colo. Jury Instr., Criminal 22:07, Incest and Wrongs to Children Sexual Exploitation of Children, Colo. Jury Instr., Criminal 22:08, Incest and Wrongs to Children Procurement of Children, Colo. Jury Instr., Criminal 22:09, Incest and Wrongs to Children Other Materials

10 PRACTICE MATERIALS Self Help Books Many of the self help books were for individuals that are addicted to accessing child pornography through the internet. In the Shadows of the Net : Breaking Free of Compulsive Online Sexual BehaviorOnline Sexual Behavior, Patrick, Ph.D. Carnes, David, Ph.D. Delmonico, Elizabeth Griffin, Patrick J. Carnes, Joseph Moriarity, April 2001 ISBN: 1568386206 Hope and Recovery: A Twelve Step Guide for Healing From Compulsive Sexual Behavior, Hazelden, ISBN 156838050x Other Materials


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