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In 18, the Portsmouth, NH and Keene, NH Police Departments along with the Education Development Center, Inc. of Newton, Massachusetts, were awarded a $00,000 Justice Department grant to combat Internet child sexual exploitation. This grant was awarded by the Justice Departments
Office of Juvenile Justice and Delinquency Prevention (OJJDP) under its Internet Crimes Against Children program. The grant was used for undercover operations, the education of law enforcement officers and in the development of prevention materials. The service area for the grant covered the states of Maine, New Hampshire, and Vermont.
The goal of this project was to create a Regional Task Force on Internet Crimes Against Children serving the three rural northern New England states Maine, New Hampshire, and Vermont. Through this Task Force we identified and supported sources of technological and investigative expertise as well as forensic resources to enhance proactive and reactive investigations of Internet crimes against children across the northern New England region.
January 1th, 000 marked the end of our full-time three-year Internet law enforcement project which we had started in 17. Currently we maintain a part-time undercover operation. To date over 60 offenders from 4 different states and 15 foreign countries have been arrested and over ,000,000 child pornographic images seized.
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One goal of the grant was to collect descriptive characteristics of those offenders who have committed sexual exploitation crimes with a computer. Our Offender Profile contains much of our data. This includes occupations of offenders and previous involvement with children. We have also included the state or country the offender resides or resided in. Part of our data collection included the ages of suspects. We have had suspects as young as thirteen and as old as sixty-seven. To date, the Keene Police Department has been involved with over 60 cases of Internet child sexual exploitation.
Due to the numerous requests we have received for a copy of the affidavit we use for Internet crimes, I have included a sample affidavit for law enforcement use. Please feel free to use it as a guideline when writing your own affidavits.
Tanner staging, which was designed for estimating development or physiologic age for medical, educational, and sports purposes (in other words, identifying early and late maturing children), has been misused in the courts when it is used not to stage maturation, but to estimate probable chronological age. For a better understanding of the Misuse of the Tanner Scale, you may wish to read the communication between Detective McLaughlin of the Keene Police Department and Dr. Arlan Rosenbloom; Department of Pediatrics at the University of Florida College of Medicine.
Arrests have been made in many different states and several foreign countries. Our arrest totals by state page breaks down the arrests state by state.
Detective McLaughlins advice for parents.
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For your convenience the Federal Decency Act, Federal Sexual Exploitation laws, New Hampshire, Vermont and Maine statutes on Child Pornography/exploitation have been included here.
Federal Sexual Exploitation and Other Abuse of Children
Communications Decency Act
NH Child Pornography Law
VT Sexual Exploitation of Children Law
ME Sexual Exploitation of Minors Law
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TECHNOPHILIA A MODERN DAY PARAPHILIA by Detective James F. McLaughlin. A vivid example of Technophilia in todays society. Detective McLaughlin has been a Keene police officer since 181 and has investigated over 000 child sex exploitation cases.
CYBER CHILD SEX OFFENDER TYPOLOGY by Detective James F. McLaughlin. This article attempts to catalog the cyber sex offender’s characteristics who were arrested during our three-year project
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CASE LAW
ASHCROFT, ATTORNEY GENERAL, ET AL. v.
FREE SPEECH COALITION ET AL.
Virtual Child Pornography
New Hampshire v. David Cobb
child pornography as defined by statute.
proving the age of the child in each photograph.
consolidation of the child pornography charges with an attempted felonious sexual assault charge.
United States v. Bach
Search warrant executed outside the presence of a police officer (Yahoo.Com).
United States v. Carroll
sufficiency of evidence.
jury instructions.
United States v. Dolloph
Upward departure Sentencing
United States v. Gamache
not giving any jury instruction on the question of entrapment.
statute punishes conduct, not mere thoughts.
United States v. Amirault
legal standards for evaluating whether a photograph displays sexually explicit conduct.
Keith Jacobson v. United States
predisposed independent of Government acts.
United States v. Hilton
constitutionality of the Child Pornography Prevention Act.
United States v. Robinson
rights under the Due Process Clause/did not have fair notice that possession of pornographic materials had become illegal.
that § 5(a)(4)(B) exceeds Congresss authority under the Commerce Clause.
United States v. Knox
videotapes that focus on the genitalia and pubic area of minor females constitute a lascivious exhibition of the genitals or pubic area under the federal child pornography laws (even though these body parts are covered by clothing).
United States v. Turner
Not objectively reasonable for a detective to have concluded that evidence of an assault -- the stated object of the consent search -- would be found in a computer.
Travers v. Florida
Under the totality of the circumstances, the police did not have well-founded suspicion to stop and detain Travers. The officers could have engaged in a consensual encounter, but chose otherwise.
United States v. Upham
The seizure of unlawful images is within the plain language of the warrant; their recovery, after attempted destruction, is no different than decoding a coded message lawfully seized or pasting together scraps of a torn-up ransom note.
New York v. Ferber
The States are entitled to greater leeway in the regulation of pornographic depictions of children for the following reasons (1) use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child () the standard of Miller v. California, 41 U.S. 15 , for determining what is legally obscene is not a satisfactory solution to the child pornography problem; () the advertising and selling of child pornography provide an economic motive for, and are thus an integral part of, the production of such materials, an activity illegal throughout the Nation; (4) the value of permitting live performances and photographic reproductions of children engaged in lewd exhibitions is exceedingly modest, if not de minimis; and (5) recognizing and classifying child pornography as a category of material outside the First Amendments protection is not incompatible with this Courts decisions dealing with what speech is unprotected.
United States v. X Citement Video, Inc.
Respondents also argued below that their indictment was fatally defective because it did not contain a scienter requirement on the age of minority. The Court of Appeals did not reach this issue because of its determination that §5 was unconstitutional on its face, and we decline to decide it here.
United States v. Black
Black argues that his prosecution under 18 U.S.C. sec 5 is unconstitutional under the Eighth Amendment because he is a pedophile or ephebophile.
United States v. Byrd
Byrd argues that Jacobson requires the government to prove predisposition only by evidence that existed before the government began its solicitation. This argument misstates the Jacobson holding (predisposition must be independent of government action).
Prompt response to each government mailing illustrates his predisposition.
Connection Distributing v. Janet Reno
Challenged record keeping and labeling provisions require anyone publishing to maintain identification records and label the publication as to the location of those records
Greene v. Reeves
Qualified Immunity
United States v. Grossenheider
Non-government search followed by Government search independent source doctrine (distinct, untainted source).
United States v. Hall
Evidence was discovered by private search
United States v. Katz
Whether the age of a model in a child pornography prosecution can be determined by a lay jury without the assistance of expert testimony.
United States v. Kimbrough
Executing officer would reasonably know what items are to be seized
Seizure of all video and audio tapes was necessary because the titles of such tapes were not dispositive of their content and that the absence or presence of child pornography in such items could not be determined by a cursory examination on the premises
United States v. Moore
Consent search for child pornography
Probable cause for arrest for child pornography
United States v. Salvo
Consent search for child pornography
United States v. Schmeltzer
General knowledge that the material is sexually oriented.
United States v. Layne
Possession may be actual or constructive.
Possession is a continuing offense.
Knowing possession of illegal material is not a passive crime.
United States v. Thomas
Propriety of venue the site of the defendants acts, the elements and nature of the crime, the locus of the effect of the criminal conduct, and the suitability of each district for accurate fact finding...
United States v. Campos
Testimony regarding the meaning of a screen name registered to on-line accounts.
United States v. Anderson
Exigent circumstances during controlled delivery of child pornography
United States v. Fabiano
Defendant argues that the evidence was insufficient to prove that Defendant knew, prior to receiving the visual depictions, that the images depicted minors engaged in sexually explicit conduct.
United States v. Rowland
Anticipatory warrants based on delivery of contraband.
United States v. Simpson
Probable cause for the issuance of a search warrant.
Other bad acts.
United States v. Arvin
We hold that a depiction of a minor need not be obscene to satisfy the definition of sexually explicit conduct under the lascivious exhibition of the genitals or public area prong.
United States v. Hotal
The search warrant triggering event for its execution is necessary.
United States v. Lacy
Staleness/Probable cause.
United States v. Mitchell
Sting operation known as Project Looking Glass did not constitute outrageous government conduct.
United States v. Poehlman
Entrapment
United States v. Ruddell
Anticipatory search warrants
United States v. Weber
In this case, the expert testimony in the affidavit was foundationless. It consisted of rambling boilerplate recitations designed to meet all law enforcement needs.
United States v. Tank
The sufficiency of the foundation for admission into evidence of chat room log printouts.
State of Washington v. Townsend
Recording chats/emails and factial impossibitity
United States v. Vig
Depictions of real children?
United States v. Horn
Staleness of information discussed
United States v. Imgrund
Definition of distribution and no need for pecuniary gain.
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MEMBERS OF THE TASK FORCE
KEENE POLICE DEPARTMENT
Captain Hal G. Brown
Keene Police Department
11 Washington Street
Keene, NH 041
60-57-81 Voice
60-57-8 Fax
hbrown@ci.keene.nh.us
Detective James F. McLaughlin
Keene Police Department
11 Washington Street
Keene, NH 041
60-57-81 Voice
60-57-8 Fax
jmclaughlin@ci.keene.nh.us
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Links for Law Enforcement
F.B.I.
U.S. Customs
Investigative Resources @ Officer.com
Investigative Resource Center
PedoWatch
Chittenden Unit for Special Investigators
High Technology Crime Investigation Association
Internet Crimes
ISP Addresses and Contacts for service of subpoenas; search warrants and court orders.
Internet Crimes Against Children webpages are maintained by the Keene Police Department Web Team. Send comments or questions to sbeckta@ci.keene.nh.us.
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