|
- International
- Drug Crime
- Federal Defense
- Computer Hacking
- Criminal & Immigration
- Federal Drug Trafficking
- Money Laundering
- Racketeering
- Tax Fraud and Evasion
- Weapons Trafficking
- Offense Level Of Drugs
- Crime Of Tunnel Tafficking And Drug Seizure
- Mortgage Loan Modification Scheme
- Commercial Fraud Scheme
- Counterfeit Smuggling
- Stealing Trade Secrets
- Prostitution Ring
- Intellectual Property Theft
- Shooter In San Bernardino Terrorist Attack Arrested on Federal Conspiracy, Marriage Fraud and False Statementa>
- Trafficking in Counterfeit Goods or Services
- Digital Piracy
- Structuring Bank Deposits to Avoid Reporting Requirements
- Federal Criminal Appeals
- Arms Export Control Act Violations
- Ex Post Facto
- Asset Forfeiture
- Public Corruption
- Election Crimes
- Prison Corruption
- International Corruption
- Market Manipulation
- Cargo Theft
- White Collar Defense
- Bankruptcy Fraud
- Credit Card Fraud
- Embezzlement
- Fraud
- Health Care Fraud
- Insurance Fraud
- Internet Fraud
- Ponzi & Pyramid Schemes
- Real Estate Fraud
- Securities Fraud
- Wire Fraud
- Cooperation With The Federal Government
- Considering A Plea
- Judicial Discretion Outside The Sentencing Guidelines
- Impact Of An Indictment
- Sentence Reduction While In Prison
- Impact Of Amended Sentencing On Plea
- Information To Discredit Government Evidence
- Downward Departures Based On Entrapment
- Outrageous Government Conduct
- Theft
- Violent Crime
- Post-Conviction Relief
- Motions
- Wilder/Williams Motion
- 1538.5 Motion to Suppress and the Harvey-Madden-Remer Doctrine
- Serna Motion And Doggett Motion To Dismiss Re Speedy Trial
- Penal Code 995 Motion to Dismiss
- California Three Strikes Law and Romero Motions
- Pre-Trial 402 Motions
- Mower Motion for Medical Cannibas
- Pitchess Motion
- Trombetta-Youngblood Motion
- Military
- Juvenile
- DUI
Prostitution Ring
A federal indictment in Illinois charged Sam Nichols and his rap star co-defendant for violations of the Mann Act or sex trafficking under 18 U.S.C. 1591(a) and (b). The crime of attempt is punishable as the same as the completed crime with prison time ranging from 15 years to life per count for each child under 14 years of age. The law enables the government to avoid having to prove that the defendant knew the minor was under 18 years of age if he/she had a reasonable opportunity to observe the minor.
The defendants placed ads on the Internet and gave the alleged victims cell phones to respond to callers. The girls were pictured in revealing lingerie.
The charges alleging adult victims can reasonably be defended by claims that the adults willingly participated in the commercial sex acts. As for minors, if the defendants did not have a reasonable opportunity to observe their age, it may be argued that it cannot be presumed they knew they were minors and further that the defendants had no affirmative knowledge that commercial sex acts would occur.
Lack of scienter or mens rea element that the individual would be transported in interstate commerce would render any conviction under such circumstances unconstitutional.
The defendants placed ads on the Internet and gave the alleged victims cell phones to respond to callers. The girls were pictured in revealing lingerie.
The charges alleging adult victims can reasonably be defended by claims that the adults willingly participated in the commercial sex acts. As for minors, if the defendants did not have a reasonable opportunity to observe their age, it may be argued that it cannot be presumed they knew they were minors and further that the defendants had no affirmative knowledge that commercial sex acts would occur.
Lack of scienter or mens rea element that the individual would be transported in interstate commerce would render any conviction under such circumstances unconstitutional.
Copyright © 2017 Walk Free Law | All rights reserved.