PSC AND SEXTINGAn Overview
Bonnie S. Greenberg
Assistant U.S. Attorney
410-209-4890
Goal
 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
 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 31, 2006 – Coordinators designated
 Aug. 31, 2006 – Strategic Plans submitted
 Dec. 2006 – First National Conference
 Dec. 2007 – Second National Conference
 Sept. 2008 – Joint PSC/ICAC

Operational Support
 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
New Tools
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))

Social Networking Sites
• Facebook
• Myspace
Myplace
• Black Planet
• LiveJournal
• Skyblog
• Friendster
• New Networking Sites everyday
• 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
 Enticement/Traveler
Cases –
Interstate Travel w/ Intent to Engage
in Unlawful Sex with Minor
Child
Pornography
Offenses
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 …





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.
PENALTY: 15 to 30 years
W/1 prior: 25 to 50 years- 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.
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.
- 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)
possible life term of supervised release
18 U.S.C. 2252(a)(2)
Prohibits the receipt, distribution and reproduction
with intent to distribute, of images depicting minors
engaged in SEC.
-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
MUST PROVE
• 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, emails, with
attachments
Peer-to-peer file sharing program?
Must also prove…

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:
Sexual intercourse, including genitalgenital, oral-genital, anal-genital, or oralanal, 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 setting sexually suggestive?
 Is child in an unnatural pose or in
inappropriate clothing?
 Is child partially clothed or nude?
 Does depiction suggest willingness to
engage in SEX?
 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
 Enhanced abilities to enforce laws
targeting sex offenders
 New Sex Offender Registration Provision

18 U.S.C. Section 2250

Federal Failure to Register Offense
Applies when –
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 travels in interstate or foreign commerce and
knowingly fails to register or update registration as
required.

“Knowingly” Fails to Register

How prove?
In plea agreement documents
 Transcript of judge admonishing the def. at
sentencing
 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
 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
5-30 year term of
imprisonment.
Terms run consecutively.
Enticement/Travel Statutes

18 U.S.C. 2421 – Transportation generally

18 U.S.C. 2422 – Coercion and enticement

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18 U.S.C. 2423 – Transporting minors/self
with intent to engage in unlawful sex
18 U.S.C. 2425 – 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 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.

Includes attempt

20 year maximum
18 U.S.C. 2422(b)
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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
IS facility – internet, phone, mail
Attempts - show substantial step
10 years (MANDATORY) to life
CASE # 1
U.S. v. Robert Paul Layton
Occupation: Band member/Contractor
Baltimore County, Maryland
Age: 48
Offense: Production and Possession of
child pornography
32
FACTS


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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.
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
33
Facts (continued)

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.

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.
34
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 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 ordered to forfeit his home, car, computer, and
other property seized at his residence.
35
CASE # 2
U.S. v. Richard David Morris
Occupation: Baseball Coach
Baltimore County, Maryland
Age: 25
Offense: Possession of child
pornography
36
Facts
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Morris had frequent sleepovers at his house with
minor males spending the night.
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.
37
Facts (continued)

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.

Forensics revealed images and videos depicting
child pornography.
39
Facts (continued)

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.

Baltimore County charged Morris with sex abuse of a
minor and he received 15 years concurrent.
40
CASE # 3
U.S. v. Stephen Michael Gayer
Occupation: Warehouse - Tesco Technology
Baltimore County, Maryland
Age: 37
Offense: Production of child
pornography
41
Facts

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.

Forensic examination revealed that Gayer
produced visual depictions of the sexual abuse.
42
Facts
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Gayer was released on Bail on October 2, 2007.
FBI arrested Gayer on Production on October 3,
2007.
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.
43
Facts (continued)

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.

Baltimore County charged him with Sex Abuse of
Minor and Sex Offense in 3rd Degree and he was
sentenced to 10 years concurrent.
44
CASE # 4
U.S. v. James Willnecker
Occupation: Air and Heating
Baltimore County, Maryland
Age: 37
Offense: Possession of child
pornography and Online Solicitation
45
Facts
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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.
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.
46
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 has agreed to the following
sentencing: 10 years in prison, followed by an
additional 7 years in prison for violating his
probation.
47
Sexting
• Defined on www.wikipedia.org 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
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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.
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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?

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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 emailed 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?

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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
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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?


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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”

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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.
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QUESTIONS?
58