Computer child pornography offenses

Internet stalking and computer child pornography offenses, state and federal

State cases

Several Arkansas police department has been actively working Internet chat rooms with police officers acting, writing, and sounding like underage girls. Approximately 300 men have been arrested since late 2002 from Arkansas and other states. The police generally follow guidelines to avoid being accused of entrapment. Most people feel they have been entrapped by the actions of the police, but the question of entrapment is difficult, but not impossible, to prove.

They make it clear that the "child" is under age, and they help steer the conversation to sex and seek to induce the person communicating with the officer to travel to where they are in Arkansas for a sexual liaison with the "child." When the person shows up, they arrest him, sometimes on videotape, depending on where the arrest occurs. Then they seek a confession and a search warrant for person's computer (even if it is in another state), but they have the complete text of the messages between the accused and the "child." The fact that there is no “child” is not a defense in Arkansas.

After the arrest, they may seek a search warrant or consent to search for the computer at the home of the person they just arrested. The computer search is looking for worse things, even though there may or may not be probable cause to look. These searches raise significant privacy concerns.

There are two charges under Arkansas law. The predominant offense charged now is “Internet stalking.” Ark. Code Ann. § 5-27-306. That statute was effective August 12, 2005. (“A person commits the offense of internet stalking of a child if the person being twenty-one (21) years of age or older knowingly uses a computer online service, internet service, or local internet bulletin board service to: (1) Seduce, solicit, lure, or entice a child fifteen (15) years of age or younger in an effort to arrange a meeting with the child for the purpose of engaging in: … (2) Seduce, solicit, lure, or entice an individual that the person believes to be fifteen (15) years of age or younger in an effort to arrange a meeting with the individual for the purpose of engaging in [sexual intercourse or oral sex].”) It is a class C felony even though there is no minor and no meeting takes place. It is an offense that is subject to probation and sex offender registration, but it is subject to up to 10 years imprisonment. It was passed to lessen the prosecution’s burden of proof.

Another charge under current Arkansas law is "computer child pornography," a misnomer because no pornography is involved. See Ark. Code Ann. § 5-27-603(a)(2) ("A person commits computer child pornography if the person: ... (2) Knowingly utilizes a computer online service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another individual believed by the person to be a child, to engage in sexually explicit conduct."). Sometimes even attempted rape is charged. That is a class A felony punishable by 5-30 years imprisonment.
The prosecutors argue that a mistaken belief as to whom the suspect is dealing with is irrelevant, and it usually is legally irrelevant. "Factual impossibility" is not a defense; only "legal impossibility" is, and this is not "legal impossibility."

Also, one must keep in mind that Arkansas is a jury sentencing state. A case tried to a jury can have dire sentencing consequences. Some people have received significant prison sentences when convicted.

Federal crimes

Some have been prosecuted in their home federal courts under 18 U.S.C. § 2422(b), either where the Internet chats originated or ended, and that statute has a five year mandatory minimum for offenses after April 30, 2003. Other federal statutes apply without a five year mandatory minimum. If prosecuted federally, the person faces a 57 month minimum sentence and life time reporting. We have handled two cases which were steered federally, and the outcome is always far worse in federal court if convicted. The federal government is merciless in prosecuting these crimes, and they sometimes usually come from state referrals.
We are familiar with these cases, and we have defended many. If you or a loved one or friend is charged with such a crime in Arkansas, please consider us to handle this case.
~~~~~~~~~~~~~~~~~~~~~~~~~~``

Firm Overview |  Attorney Profiles |  Areas of Practice |  Preeminent |  Articles |  Representative Cases |  Halls Books |  Contact Us | Disclaimer |  Home