PSC AND SEXTING- An Overview Bonnie S. Greenberg Assistant U.S. Attorney

Goal Project Safe Childhood (PSC) seeks to address the drastic increase in online sexual exploitation of children that has occurred in recent years. Project Safe Childhood (PSC) seeks to address the drastic increase in online sexual exploitation of children that has occurred in recent years.

Violations of child pornography and child enticement/traveler statutes Violations of child pornography and child enticement/traveler statutes Federal Law: Chapters 110 and 117 of Title 18 Federal Law: Chapters 110 and 117 of Title 18

Two Operational Objectives (1) successful prosecution of more online child-exploiting criminals (2) prevention through the education of children and their parents

PSC is modeled after Project Safe Neighborhoods Partnerships with federal, state, and local law enforcement agencies, non-governmental organizations, and private citizens

PSC Timeline May 17, 2006 – PSC launched May 17, 2006 – PSC launched May 31, 2006 – Coordinators designated May 31, 2006 – Coordinators designated Aug. 31, 2006 – Strategic Plans submitted Aug. 31, 2006 – Strategic Plans submitted Dec – First National Conference Dec – First National Conference Dec – Second National Conference Dec – Second National Conference Sept – Joint PSC/ICAC Sept – Joint PSC/ICAC

Operational Support Discovery in child pornography cases (Sec. 504 – 18 U.S.C. 3509(m)) Discovery in child pornography cases (Sec. 504 – 18 U.S.C. 3509(m)) Pretrial release in cases involving minor victims (Sec. 216 – 18 U.S.C. 3142(c)(1)(B)) – Electronic Monitoring- MINIMUM release requirement Pretrial release in cases involving minor victims (Sec. 216 – 18 U.S.C. 3142(c)(1)(B)) – Electronic Monitoring- MINIMUM release requirement

New Tools Enhanced penalties for child exploitation crimes – Ten year mandatory minimum for child enticement (Sec. 203 – 18 U.S.C. 2422(b)) Enhanced penalties for child exploitation crimes – Ten year mandatory minimum for child enticement (Sec. 203 – 18 U.S.C. 2422(b)) Asset forfeiture in child exploitation cases (Sec. 505 – 18 U.S.C. 2253(b)) Asset forfeiture in child exploitation cases (Sec. 505 – 18 U.S.C. 2253(b))

Social Networking Sites Facebook Black Planet Facebook Black Planet Myspace LiveJournal Myspace LiveJournal Myplace Skyblog Friendster Friendster New Networking Sites everyday New Networking Sites everyday Great tools for adults and children to network, stay in touch with friends and relatives Great tools for adults and children to network, stay in touch with friends and relatives

Playing Catch up with Predators -they are out there

Federal Statutes Pornography –Production, Distribution, Receipt and Possession Pornography –Production, Distribution, Receipt and Possession Enticement/Traveler Cases – Interstate Travel w/ Intent to Engage in Unlawful Sex with Minor Enticement/Traveler Cases – Interstate Travel w/ Intent to Engage in Unlawful Sex with Minor

ChildPornographyOffenses

Pornography cont…. 18 U.S.C. Section 2251(c) Anyone who employs, uses, persuades, induces, entices, or coerces minor to engage in, or has minor assist any other person to engage in any sexually explicit conduct outside the United States, for purpose of producing visual depiction of such conduct, is guilty of crime if … Anyone who employs, uses, persuades, induces, entices, or coerces minor to engage in, or has minor assist any other person to engage in any sexually explicit conduct outside the United States, for purpose of producing visual depiction of such conduct, is guilty of crime if … Person intends visual depiction to be transported to U.S. by any means including by computer; or Person intends visual depiction to be transported to U.S. by any means including by computer; or Person transports visual depiction to U.S. by any means including by computer or mail. Person transports visual depiction to U.S. by any means including by computer or mail. PENALTY: 15 to 30 years PENALTY: 15 to 30 years W/1 prior: 25 to 50 years- potential MANDATORY LIFE W/1 prior: 25 to 50 years- potential MANDATORY LIFE w/2 priors: 35 years to life- potential MANDATORY LIFE w/2 priors: 35 years to life- potential MANDATORY LIFE

18 U.S.C. Section 2252 and 2252A Prohibit the transportation, receipt, distribution, reproduction with intent to distribute, and possession of images depicting minors engaged in SEC and child pornography in Interstate and Foreign Commerce. Prohibit the transportation, receipt, distribution, reproduction with intent to distribute, and possession of images depicting minors engaged in SEC and child pornography in Interstate and Foreign Commerce.

18 U.S.C. 2252(a)(1) Prohibits the transporting or shipping in interstate and foreign commerce of any visual depiction depicting a minor engaged in sexually explicit conduct. Prohibits the transporting or shipping in interstate and foreign commerce of any visual depiction depicting a minor engaged in sexually explicit conduct. - Use if you can prove the defendant shipped the image across foreign or state line 5 to 20 year sentence (15-40 with prior sex offense) 5 to 20 year sentence (15-40 with prior sex offense) possible life term of supervised release possible life term of supervised release

Prohibits the receipt, distribution and reproduction with intent to distribute, of images depicting minors engaged in SEC. 18 U.S.C. 2252(a)(2) -Use for receipt and distribution cases if the image received or distributed is one that has already been shipped in Interstate or foreign commerce even if receipt or distribution was intrastate. Penalty – 5 to 20 years W/prior sex or CP offense 15 to 40 years

Prove real child – databases, digital signatures, expert testimony (a jury question) Prove effect on interstate commerce – Was image shipped in ISC? Look to ISP used by target Look to images themselves – Identified victim f from Germany? Look to internet history – websites, s, with attachments Peer-to-peer file sharing program? MUST PROVE

Must also prove… Image depicts minor engaged in sexually explicit conduct. Image depicts minor engaged in sexually explicit conduct. How prove Minor? Identified victim? Expert opinion? Jury determine?

Sexually Explicit Conduct 18 U.S.C. 2256(2) SEC defined as: SEC defined as: Sexual intercourse, including genital- genital, oral-genital, anal-genital, or oral- anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person.

Lascivious Exhibition Is focus on genitals or pubic area? Is focus on genitals or pubic area? Is setting sexually suggestive? Is setting sexually suggestive? Is child in an unnatural pose or in inappropriate clothing? Is child in an unnatural pose or in inappropriate clothing? Is child partially clothed or nude? Is child partially clothed or nude? Does depiction suggest willingness to engage in SEX? Does depiction suggest willingness to engage in SEX? Is it intended to elicit sexual response? Is it intended to elicit sexual response?

18 U.S.C. 2252(a)(4)(B) Prohibits the knowing possession of visual depictions of minors engaged in sexually explicit conduct. Must prove real child Must prove impact on interstate or foreign commerce Must prove he possessed them KNOWINGLY!

Penalty 10 years $250,000 Possible Life Term Supervised Release w/prior sexual abuse, or CP-related conviction (not possession) 10 to 20 year sentence

Adam Walsh Act Effective date: July 27, 2006 Effective date: July 27, 2006 Enhanced abilities to enforce laws targeting sex offenders Enhanced abilities to enforce laws targeting sex offenders New Sex Offender Registration Provision New Sex Offender Registration Provision

18 U.S.C. Section 2250 Federal Failure to Register Offense Federal Failure to Register Offense Applies when – Person is required to register under Sex Offender Registration and Notification Act; Person is required to register under Sex Offender Registration and Notification Act; Person required to register on basis of federal, (D.C., tribal, or territorial) offense; or Person required to register on basis of federal, (D.C., tribal, or territorial) offense; or Person travels in interstate or foreign commerce and knowingly fails to register or update registration as required. Person travels in interstate or foreign commerce and knowingly fails to register or update registration as required.

“Knowingly” Fails to Register How prove? How prove? In plea agreement documents In plea agreement documents Transcript of judge admonishing the def. at sentencing Transcript of judge admonishing the def. at sentencing Documents setting out conditions of supervision Documents setting out conditions of supervision Acknowledgment obtained from defendants at time of release from imprisonment or sentencing documents which advise of requirement to register Acknowledgment obtained from defendants at time of release from imprisonment or sentencing documents which advise of requirement to register Evidence he registered in another state. Evidence he registered in another state.

Penalty Maximum 10-year term of imprisonment If person fails to register and commits crime of violence, penalty is If person fails to register and commits crime of violence, penalty is 5-30 year term of imprisonment. Terms run consecutively. Terms run consecutively.

Enticement/Travel Statutes 18 U.S.C – Transportation generally 18 U.S.C – Transportation generally 18 U.S.C – Coercion and enticement 18 U.S.C – Coercion and enticement 18 U.S.C – Transporting minors/self with intent to engage in unlawful sex 18 U.S.C – Transporting minors/self with intent to engage in unlawful sex 18 U.S.C – Use of Interstate facility to transmit information about minor 18 U.S.C – Use of Interstate facility to transmit information about minor

New federal failure to register as a sexual offender crime (Sec. 141 – 18 U.S.C. 2250) New federal failure to register as a sexual offender crime (Sec. 141 – 18 U.S.C. 2250) New federal civil commitment of sexually dangerous persons provision (Sec. 302 – 18 U.S.C. 4248) New federal civil commitment of sexually dangerous persons provision (Sec. 302 – 18 U.S.C. 4248)

18 U.S.C. 2422(a) Knowingly persuading, inducing, enticing any individual to travel in Interstate or foreign commerce to engage in prostitution or unlawful sexual activity with any person. Knowingly persuading, inducing, enticing any individual to travel in Interstate or foreign commerce to engage in prostitution or unlawful sexual activity with any person. Includes attempt Includes attempt 20 year maximum 20 year maximum

18 U.S.C. 2422(b) Use of any facility or means of IS or foreign commerce to persuade, induce minor to engage in unlawful sexual conduct. Use of any facility or means of IS or foreign commerce to persuade, induce minor to engage in unlawful sexual conduct. Defendant must know victim under 18 Defendant must know victim under 18 IS facility – internet, phone, mail IS facility – internet, phone, mail Attempts - show substantial step Attempts - show substantial step 10 years (MANDATORY) to life 10 years (MANDATORY) to life

32 U.S. v. Robert Paul Layton Occupation: Band member/Contractor Baltimore County, Maryland Age: 48 Offense: Production and Possession of child pornography CASE # 1

33 FACTS A 13 and 14 year old boy disclosed they were sexually molested by Layton. A 13 and 14 year old boy disclosed they were sexually molested by Layton. On February 7, 2007, Baltimore County executed a Search Warrant on Layton’s residence. On February 7, 2007, Baltimore County executed a Search Warrant on Layton’s residence. Investigation revealed Layton coerced a 14 or 15 year old to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct Investigation revealed Layton coerced a 14 or 15 year old to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct

34 Facts (continued) Additional investigation revealed Layton sexually abused a total of 11 minor boys, ranging in age from 11 to 15 years old. Additional investigation revealed Layton sexually abused a total of 11 minor boys, ranging in age from 11 to 15 years old. Layton provided the minor boys cash, clothing, gifts, alcohol and marijuana in exchange for sexual acts. Layton provided the minor boys cash, clothing, gifts, alcohol and marijuana in exchange for sexual acts. Between 2004 and 2006, Layton traveled to South Dakota to engage in sexual activity with a 13 year old boy. Layton caused the minor boy to travel to Baltimore from South Dakota. Between 2004 and 2006, Layton traveled to South Dakota to engage in sexual activity with a 13 year old boy. Layton caused the minor boy to travel to Baltimore from South Dakota.

35 Facts (continued) Layton plead guilty to production and possession of child pornography in Federal Court and to two counts of second degree sex offense in State Court. Layton plead guilty to production and possession of child pornography in Federal Court and to two counts of second degree sex offense in State Court. Layton was sentenced Federally to 25 years for production and 20 years for possession, concurrent, followed by a lifetime of supervised release. Layton was sentenced Federally to 25 years for production and 20 years for possession, concurrent, followed by a lifetime of supervised release. Layton was also sentenced to 20 years concurrent for each of his State convictions. Layton was also sentenced to 20 years concurrent for each of his State convictions. Layton was also ordered to forfeit his home, car, computer, and other property seized at his residence. Layton was also ordered to forfeit his home, car, computer, and other property seized at his residence.

36 U.S. v. Richard David Morris Occupation: Baseball Coach Baltimore County, Maryland Age: 25 Offense: Possession of child pornography CASE # 2

37 Facts Morris had frequent sleepovers at his house with minor males spending the night. Morris had frequent sleepovers at his house with minor males spending the night. Scheduled a trip to Disney world with three minor males. Scheduled a trip to Disney world with three minor males. The grandfather of one of the minor males found Morris on the Maryland Sex Offender registry site. The grandfather of one of the minor males found Morris on the Maryland Sex Offender registry site.

39 Facts (continued) Law enforcement subsequently interviewed an 8 year old minor male who disclosed that Morris touched him in a sexually inappropriate manner. Law enforcement subsequently interviewed an 8 year old minor male who disclosed that Morris touched him in a sexually inappropriate manner. On April 13, 2007, Baltimore County executed a search warrant at Morris’ residence. On April 13, 2007, Baltimore County executed a search warrant at Morris’ residence. Forensics revealed images and videos depicting child pornography. Forensics revealed images and videos depicting child pornography.

40 Facts (continued) Facts (continued) The case was referred to the FBI and U.S Attorney’s Office The case was referred to the FBI and U.S Attorney’s Office Morris pled guilty to possession of child pornography in Federal Court and was sentenced to more than 10 years in prison followed by a lifetime of supervised release. Morris pled guilty to possession of child pornography in Federal Court and was sentenced to more than 10 years in prison followed by a lifetime of supervised release. Baltimore County charged Morris with sex abuse of a minor and he received 15 years concurrent. Baltimore County charged Morris with sex abuse of a minor and he received 15 years concurrent.

41 U.S. v. Stephen Michael Gayer Occupation: Warehouse - Tesco Technology Baltimore County, Maryland Age: 37 Offense: Production of child pornography CASE # 3

42 Facts A 15 year old female in Gayer’s care disclosed Gayer induced her to engage in sexually explicit conduct. A 15 year old female in Gayer’s care disclosed Gayer induced her to engage in sexually explicit conduct. On September 21, 2007, Baltimore County executed a search warrant on Gayer’s residence and subsequently arrested Gayer. On September 21, 2007, Baltimore County executed a search warrant on Gayer’s residence and subsequently arrested Gayer. Forensic examination revealed that Gayer produced visual depictions of the sexual abuse. Forensic examination revealed that Gayer produced visual depictions of the sexual abuse.

43 Facts Gayer was released on Bail on October 2, Gayer was released on Bail on October 2, FBI arrested Gayer on Production on October 3, FBI arrested Gayer on Production on October 3, Investigation furthered revealed Gayer took photographs of nine additional minor females, most under the age of 12, engaged in sexually explicit conduct. Investigation furthered revealed Gayer took photographs of nine additional minor females, most under the age of 12, engaged in sexually explicit conduct. Gayer provided alcohol to some of his victims. Gayer provided alcohol to some of his victims.

44 Facts (continued) Facts (continued) Gayer plead guilty to two counts of Production of Child Pornography in Federal Court. Gayer plead guilty to two counts of Production of Child Pornography in Federal Court. Gayer was sentenced to 25 years in prison a followed by a lifetime of supervised release. Gayer was sentenced to 25 years in prison a followed by a lifetime of supervised release. Baltimore County charged him with Sex Abuse of Minor and Sex Offense in 3rd Degree and he was sentenced to 10 years concurrent. Baltimore County charged him with Sex Abuse of Minor and Sex Offense in 3rd Degree and he was sentenced to 10 years concurrent.

45 U.S. v. James Willnecker Occupation: Air and Heating Baltimore County, Maryland Age: 37 Offense: Possession of child pornography and Online Solicitation CASE # 4

46 Facts A 14 year old female disclosed having sexually explicit conversations with Willnecker. A 14 year old female disclosed having sexually explicit conversations with Willnecker. On February 09, 2008, Baltimore County executed a search warrant on Willnecker’s residence. On February 09, 2008, Baltimore County executed a search warrant on Willnecker’s residence. Investigation revealed Willnecker had been communicating with numerous minor females. Investigation revealed Willnecker had been communicating with numerous minor females. Forensic examination revealed that one of the minor females sent a sexually explicit photograph of herself. Forensic examination revealed that one of the minor females sent a sexually explicit photograph of herself.

47 Facts (continued) Willnecker plead guilty to state charges for solicitation for sex with a minor with the agreement that the case would not be referred to Federal Authorities. Willnecker plead guilty to state charges for solicitation for sex with a minor with the agreement that the case would not be referred to Federal Authorities. Willnecker has agreed to the following sentencing: 10 years in prison, followed by an additional 7 years in prison for violating his probation. Willnecker has agreed to the following sentencing: 10 years in prison, followed by an additional 7 years in prison for violating his probation.

Sexting Defined on as: “...the act of sending sexually explicit messages or photos electronically, primarily between mobile phones.” A 2008 survey of 1280 teenagers of both sexes showed 20% of teens (13-19) and 33% of young adults (20-26) had sent nude or semi-nude photographs of themselves.

These are Some of the Scary Facts 71% of teen girls and 67% of teen guys who have sent or posted sexually suggestive content say they have sent/posted this content to a boyfriend girlfriend. 21% of teen girls and 39% of teen boys say they have sent such content to someone they wanted to date or hook up with. 15% of teens who have sent or posted nude/seminude images of themselves say they have done so to someone they only knew online. 49

This one action can result in multiple felonies in less than a minute. Taking a child pornographic photo is production of child pornography Sending it is distribution of child pornography Everyone who keeps the photo on his or her phone could be charged with possession of child pornography 50

Sexting – Is it Really No Big Deal? Once the picture is sent we have no control who sees it Further, even if they go to all the friends the picture is still out there somewhere especially if it gets on the Internet and then who knows where it goes 51

The Reality Side of Things Phillip Alpert is an 18-year-old from Florida who e- mailed nude photos of his ex-girlfriend to 70 people. He received five years probation, was kicked out of college, and will be labeled a sex offender until he's 43 years old. Two Reno teenagers thought they were sending nude photos of themselves to a 15-year-old boy. He turned out to be 45 years old. Police say Terrance Hofus threatened to put the photos online if the girls didn't meet him for sex. The girls went to the police and, in January, Hofus went to federal lockup for 10 years. 52

And Right Here in Maryland… Between December 30, 2008, and March 4, 2009, a 39 year old male in Baltimore, Maryland communicated with minor females in order to obtain pictures of minors engaging in sexually explicit conduct. He used MyYearbook.com, a social networking site available on the Internet, to communicate with the minors, and portrayed himself on MyYearbook.com as an 18-year old female lesbian named “Leah” who was suffering from cancer. Many of the minor females corresponding with “Leah” believed they were in a romantic relationship with “Leah” and sent him pictures depicting their genital area over the Internet.

Are there other consequences besides the legal type? Human Resource personnel are scouring the internet during the hiring process Colleges are now culling the social networking sites and the internet to see what is posted about prospective students The actions of sexting may stay with you for the rest of your life. 54

Tackling the problem really requires everyone’s participation Parents need to be more involved in the situations children put themselves into. Prosecution and Law Enforcement need to find the best avenues to deal with the offenders Schools and the Community need to take a stand to help educate and cooperate with Law Enforcement/Prosecution 55

So what do we do to tackle the problem? It is a difficult issue to handle due to the age of the persons involved – i.e. juvenile Public sentiment is not really behind harsh treatment with the issue Teens and Tweens really don’t realize the hazards and consequences 56

BEFORE PRESSING “SEND” Don’t assume anything you send or post is going to remain private. There is no changing your mind in cyberspace— anything you send or post will never truly go away. Don’t give in to the pressure to do something that makes you uncomfortable, even in cyberspace. Consider the recipient’s reaction. Nothing is truly anonymous. 57

58 QUESTIONS?