On behalf of The Marks Law Firm, L.L.C. posted in Internet Crime on Monday, December 17, 2012
St. Louis residents should be aware that depending on the type and severity of a criminal charge, a person accused of a crime may find that their case falls under the jurisdiction of federal authorities. One category of federal offenses includes white collar crimes such as fraud and embezzlement, which often involve the defrauding of a federal institution. Another category of federal crimes encompasses cybercrime, which takes place over the Internet and, therefore, crosses state boundaries.
Charges for child pornography tend to fall under the category of cybercrime because the receipt and transmission of the images at issue often occur over the Internet. The U.S. government has taken a hard stance against child pornography and, as a result, federal attorneys prosecute aggressively against allegations of child pornography.
As a former tennis coach for a St. Louis area school recently found out, the penalties for child pornography can be severe. The 50-year-old teacher pleaded guilty to two felony counts of child pornography, one for receipt and one for transmission of pornographic material that depicted minors. He was sentenced to 151 months in federal prison, which amounts to over 12 years of incarceration. After the man serves his prison term he will be on supervised release for life, during which his Internet activities can be monitored.
With such serious penalties at stake, a person facing federal charges for child pornography or any other Internet crime would be wise to secure the counsel of a criminal defense attorney experienced in federal cases. The burden of proof in any criminal case lies with the prosecution. In order for a judge or jury to convict, a prosecutor must prove the defendant’s guilt beyond a reasonable doubt. The defense is free to challenge any part of the prosecution’s case in an attempt to shed doubt on the government’s position.
Source: KMOV.com, “Florissant teacher sentenced to over 12 years on child pornography charges,” Dec. 11, 2012