Recent Posts in sex crimes Category
| March 06, 2012 |
| Do juveniles convicted of sex crimes become registered sex offenders? |
| Posted By Shawn Cline |
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I frequently represent juveniles accused of sexual offenses of various kinds, from the slightest inappropriate touching to the most serious felony offenses. Invariably, the juvenile and the parents are concerned about the possibility mandatory sex offender registration. This is a legitimate concern, as sex offender registration is often a life long stigma that prevents one from obtaining work and can substantially limit housing options. In addition, the registry is readily accessible to the general public, thereby creating a sense of perpetual ridicule and shame in the community. Fair or not, having one's name placed on the sex offender registry is a life altering event.
The good news is that most juvenile charges are handled in the Juvenile and Domestic Relations Court, which usually means that registration is not required, even for conviction of an offense that would otherwise require registration pursuant to Virginia Code §9.1.902. However, many juvenile felony offenses are certified to the adult circuit court through the provisions of
Virginia Code §16.1-269.1. This code section allows the Commonwealth's Attorney to request a hearing in the Juvenile and Domestic Relations Court for any minor who is at least 14 years old to have the matter certified to the Circuit Court, where the minor is treated as an adult offender. Pursuant to
Virginia Code §9.1-901, any juvenile convicted of an offense in Circuit Court which would require registration is required to register as a sex offender. In addition, the Commonwealth's Attorney can file a motion to have any charge for which registration would be required of an adult trigger registration of a juvenile where the minor is at least 13 years old. The Juvenile and Domestic Relations Court would rule on the issue of registration after the motion is filed.
The bottom line is that some juvenile offenses can result in a lifetime of sex offender registration. This must be taken into consideration in addressing any sexual allegation against a minor. If you or a child you care about are facing these types of charges, call us right away. We will sit down and discuss you specific situation and determine the best course of action. |
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| December 22, 2011 |
| Unlawful filming of another? What is this charge? |
| Posted By Shawn Cline |
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Like most states, Virginia makes it a crime to videotape or photograph an individual without their knowledge while they are naked or in some state of undress. While there are numerous exceptions to this rule, and it can be difficult for presecutors to prove, the penalties for conviction are quite severe. Virginia Code §18.2-386.1 makes it unlawful for any person to "knowingly and intentionally videotape, photograph, or film an nonconsenting person" where that person is nude, clothed only in underwear, or in a condition exposing genitals, buttocks, or the female breast. This law applies in a "restroom, dressing-room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location". For the law to apply, the person filmed must have a "reasonable expectation of privacy" at the time of filming. Violation of this statute is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. However, if the person filmed or photographed is under 18 years of age, the charge is a Class 6 felony, punishable by up to 5 years in the penitentiary. Regardless of the degree, a third conviction will result in mandatory
sex offender registration.
Obviously, this is an extremely serious charge, but there is much to be done in defending this allegation. First and foremost, the filming must have been non-consensual at the time of filming for the statute to apply. Many people who are willing participants in videotaping of sexual acts have second thoughts later and wish they hadn't participated. But the issue is whether the individual was fine with being filmed at the time the film was taken, not whether they regretted it later. Secondly, if the person does not have a reasonable expectation of privacy this section does not apply. For example, a person intentionally exposing themselves in public who is photographed without their knowledge or consent while doing so is not protected by this statute; and those who photograph or film such acts are not subject to prosecution. Like any case involving photography or video, there is always an issue of proving who took the video, and whether that person did so "knowingly and intentionally".
The bottom line is that this is an exceedingly serious charge, and one that many people simply are not aware of. People think that they are free to videotape and record whatever they wish within their own homes, but this simply is not the case. With the proliferation of cell phones and computers that can produce clandestine recordings with relative ease, there is more and more of this sort of thing going on.
If you are facing this charge, you must contact an experienced criminal defense attorney. Do not delay, as much can be done in the initial stages to deal with this offense. Contact us today, we are here to help! |
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| October 11, 2011 |
| Is today really the "National Day of Johns"? |
| Posted By Shawn Cline |
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Many of you probably saw the article in the Daily Press today commemorating the "National Day of Johns" in Newport News. "Commemorating" might not be the right word, unless your idea of a commemoration is to arrest 27 individuals suspected of soliciting prostitutes and post their pictures online before they are tried or convicted of anything. But that is how Newport News chose to celebrate this day. It's interesting that a google search for "National Day of Johns" quickly reveals a rather local flavor to this "national" event. In fact, there is not one reference to the festivities outside of Newport News anywhere on the world wide web. That being said, it's an important day for these 27 men who have had their names and faces posted all over the internet without trial or the presentation of a single prosecution witness.
I have spoken in several previous posts about prostitution charges in Hampton Roads, and will spend some time today discussing solicitation of a prostitute, as Newport News has chosen to make the topic particularly relevant today. Virginia Code §18.2-346 makes it a crime to "offer money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above [
in subparagraph (a) of the statute] and thereafter do any substantial act in furtherance thereof". The "sexual acts" in question are adultery, fornication, cunnilingus, fellatio, anilingus, anal intercourse, as well as animate and inanimate object sexual penetration.
Solicitation charges are Class 1 misdemeanors, carrying the possibility of up to a year in jail and a fine of up to $2,500. The effect on one's family and employment go far beyond that. That being said, these charges can and should be aggressively attacked. There is a great deal of sexual conduct that is not covered by the statute. Similarly, it is often difficult to prove the precise nature of an agreement. The mere existence of an agreement is not enough; the statute also requires that the individual commit a "substantial act in furtherance thereof" after the agreement is reached (not before).
The bottom line is that law enforcement aggressively prosecutes prostitution charges in Newport News, and throughout Hampton Roads. If you have been charged with soliciting a prostitute, do not delay, contact us today. We are here to fight for you!
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| September 21, 2011 |
| What can be done on a prostitution or solicitation charge? |
| Posted By Shawn Cline |
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Prostitution and soliciting a prostitute are some of the most common charges in this area. Local law enforcement agencies conduct stings using websites like backpage.com to catch individuals involved in these types of transactions. Perhaps it is because of the strong military presence in this area, bringing tens of thousands of young people far away from their homes, but the sex industry generates tremendous revenue in Hampton Roads; and considerable attention from law enforcement. The stakes are high, as solicitation and prostitution are both Class 1 misdemeanors, carrying up to a year in jail and a $2,500 fine. And unlike many other misdemeanor offenses, prosecutors in Virginia are usually looking for jail time when the charge is prostitution or solicitation. This is particularly true where the individual has previously been convicted of the same offense.
Virginia Code §18.2-346 criminalizes the commission of adultery, fornication, cunnilingus, fellatio, anilingus, object sexual penetration, or anal intercourse for money or some other thing of value. In addition, the Code criminalizes the offer to commit any of these acts in exchange for money or something of value where the individual "thereafter does any substantial act in furtherance thereof". This language is critical, because in certain cases an agreement will be reached regarding the exchange of sexual services for money, but the individual will be arrested prior to doing any substantial act in furtherance of the agreement. In addition, from time to time police officers will arrest an individual for engaging in action that simply is not criminalized by the statute. Even where an individual has engaged in criminalized conduct, there are issues to be explored, such as the lawfulness of the arrest, as well as the possibility of entrapment. These defenses are highly technical, and should only be presented by an experienced criminal defense attorney.
These types of charges carry not only the possibility of jail time and fines, but also the tremendous stigma that comes from such a conviction. Many employers will terminate and not thereafter hire individuals convicted of this offense. This is particularly true for those in the military. The ramifications for those who are married or in relationships are obvious and usually swift. The bottom line is that these charges must be defended, and aggressively. Contact us today, we are ready to help you! |
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| September 14, 2011 |
| What is the Virginia Sex Offender Registry? |
| Posted By Shawn Cline |
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One of the most enduring effects of a conviction for a sex crime in Virginia, and really throughout the entire country, is the sex offender registration that follows. Virginia, like most states, maintains an online database of individuals who have been convicted of certain sexual offenses. The registry includes the individual's home and work addresses, their picture, as well as the convictions that triggered registration. Citizens can search this registry with ease, using zip codes as a search term. The registry is maintained by the Virginia State Police, and according to the website, its purpose is to "make information more easily available and accessible, not to warn citizens about any specific individual." That is all well and good, but the practical effect is that individuals on the registry who my have little to no likelihood to reoffend are forced to endure a lifetime of ridicule and harassment. And you can't avoid this scorn simply by leaving the state, as each state requires registration regardless of where the conviction occurred.
Certain offenses trigger registration, and registration is typically a lifetime requirement. However, depending upon the nature of the offense, an individual may petition the Circuit Court for removal from the registry after either 15 or 25 years.
Sex offender registries in Virginia and throughout the country are political gold for politicians. Any measure that seeks to make life more difficult for people convicted of these sorts of offenses is sure to receive widespread approval from voters. What these people fail to understand is that the risk of reoffending in most cases is quite low. Meanwhile, individuals on these registries find it impossible to secure employment and maintain any degree of normalcy.
If you or someone you love is facing a sex charge, you must contact an experienced criminal defense attorney. We handle every type of sex crime, from possession of child pornography to the most serious crimes involving physical contact with minors.
Please call, we are here to help. |
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