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HUSBAND & WIFE, CHILD PORN & KIDDY PORN

Child Pornography, (Kiddy Porn), Child Porn; whatever you call it, it is ILLEGAL.  In domestic relations cases when we are asked to examine a computer for signs of cheating we sometimes run into illegal information as well.  Be sure if you that you want to have an investigator conduct this type of investigation because if their is illegal information contained on the computer the investigator would have a duty to turn it over to law enforcement. If  you suspect your husband is searching for child pornography on the Internet, you will need to be very careful about how you proceed.  There are established methods for recovering this type of material for prosecution.  If you DO NOT follow this process TO THE LETTER, you will destroy the evidence or, even worse, violate his/her rights, thereby invalidating the charges with the police.  If you bring your computer to your local Police Department and tell them you suspect child pornography is on the computer, but you did not actually see pre-pubescent children or teens in the nude in sexually explicit photos, you will most likely be sent away.  They will tell you that they cannot investigate the matter any further unless you have first hand knowledge that the computer contains child pornography.  Yet, if you tell the police you saw it first hand, you to can be put under scrutiny for viewing the material.  The laws are so strict that unless you happen to walk by, see it and catch him in the act, you may still have difficulty getting the authorities to admit having probable cause to get a warrant.  If a warrant is obtained,  Law Enforcement will have their forensic lab examine the computer.  They will then search the images of the hard drives for the allegedly illegal content.  You also have to worry about the authorities looking at you like a vindictive spouse that is just trying to set him/her up. DO NOT EVER TURN ON THE COMPUTER AND ATTEMPT TO SEARCH FOR EVIDENCE YOURSELF OR TAMPER WITH THE COMPUTER AT ALL. You could be arrested for looking up the child porn yourself.   Legally speaking, you are left with a legal dilemma because you cannot have this illegal material in your home especially if you suspect something, you could be arrested yourself.  Mate Check has the professionals, equipment and software to legally and safely detect illegal content.

How To Protect Yourself

If you deliver your computer to Mate Check Private Investigations with your concerns, we will have one of our computer forensic professionals conduct the search for illegal pornography for you.  Our expert has the knowledge and technology and materials to investigate the hard drive utilizing exclusive and very expensive software called "Encase", the same software used by law enforcement to make their determinations.  This is very important because it allows our expert to search for and recover the illegal pornography without destroying any of the evidence.  Once our expert completes his investigation and your computer is tagged positive for illegal pornography, he will prepare an affidavit for you.  All you need do, is take the computer and the affidavit to the police and they will proceed in accordance with the law  They will then search the computer at their forensic  laboratory.  It will then be out of your hands and your legally protected since you never tampered with, or came into contact with the illegal pornography yourself.  Plus, what you may think is child porn may not be child porn at all.  Only doctors and experts in prosecuting child pornography can determine what can be prosecuted.  Don't do it yourself for many reasons, you could be breaking the law yourself, you could destroy evidence and you could be wasting your time with something that the law does not consider illegal.  Don't bring your computer to your average computer repair shop because they generally have no experience in recovery and prosecution, and do not possess the proper software in order to preserve the chain of custody.  I can almost guarantee you they do not have "Encase" software or anything like it, and they will likely compromise your case.

Mate Check wants to make a difference by helping people deal with this sensitive issue.   Law enforcement depends on the public to come forward to report all types of crimes and Mate Check can assist you with this very sensitive area of the law.  If you suspect that your husband or wife is addicted to pornography you need to make sure it is not child pornography, because it puts your entire family at risk.  Stop the cycle and give Mate Check a call today so we can protect you and your family today.

 

CHILD PORNOGRAPHY AND THE LAW

Displaying child pornography or "kiddie porn" on the Internet is illegal in the United States. "Child pornography" is easier to define than more elusive concepts such as "obscenity," but several categories of content exist that may or may not constitute child pornography, depending upon the circumstances. By using this webpage in any way you agree that you accept our Terms and Conditions.
LEGAL DEFINITION WHAT WE CAN DO TO HELP

Sexually Explicit Conduct is defined as in:  18 U.S.C. 2252 prohibits the production, transportation, or knowing receipt or distribution of any visual depiction "of a minor engaging in sexually explicit conduct." For the purposes of Title 18, 18 U.S.C. 2256 defines a "minor" as any person under the age of eighteen years, and "sexually explicit conduct" as actual or simulated:

"(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person"

 

  The very first thing we can do to help you is to warn you not to attempt recovery of illicit materials by yourself!  You could end up being charged as if you were the one who possessed the materials in the first place.  Secondly, if any of the materials have been deleted, it will require a special read-only USB-type device to mount the hard disk drive read-only and make an image backup of the drive for later forensic analysis.  Turning on the computer, when there are deleted files, will cause the operating system to reclaim those deleted blocks to make room for new files or for increasing the size of existing files, thereby rendering deleted files unrecoverable.

   It is also necessary to have knowledge and permission of your local law enforcement officials and to have their cooperation in assisting the recovery, and investigation of illegal materials on a computer.  This is a job best left for professionals.  If you are worried that a spouse or someone may have placed illegal materials on your computer, give us a call and schedule a preliminary test today.  It could be a matter of your freedom.

 

 

Finding  and Eliminating Illegal Materials From Your Computer

Illegal Materials Defined

  1. Images depicting sexual activity.

  2. Videos, clips or movies of sexual activity of children.

  3. Drawings or pictures of children under the age of 18 in suggestive or sexual poses.

  4. Images of children without pubic hair in lewd or provocative poses or involved in sexual activity.

Penalties for Possession

  • Jail / Incarceration
  • Loss of employment.
  • Loss of family or spouse.
  • Loss of respect of friends.
  • Listing on an offender website.
  • Inability to get a job.
  • Segregation from children.
  • Inability to find a place to live.
  • Loss of all your civil rights.

Infection Vectors

  • Downloading images or videos.
  • Visiting virus infected adult website.
  • Failure to use anti-virus software.
  • Failure to use a firewall.
  • Infected email message.
  • Hacking from the Internet.
  • Friends/Family downloading
  • Downloading infected software.
  • Opening infected email attachment.

Removal Techniques

  • Anti-virus software.
  • Firewall software.
  • Search and elimination software.
  • Avoiding infected adult websites.
  • Not opening unknown email attachments.
  • Installing site rating software.
  • Destruction and replacement of infected media.
       

CHILD PORNOGRAPHY AND FEDERAL LAW


Displaying child pornography or "kiddie porn" on the Internet is illegal in the United States. "Child pornography" is easier to define than more elusive concepts such as "obscenity," but several categories of content exist that may or may not constitute child pornography, depending upon the circumstances.


1. Introduction:

Producing, possessing or distributing images of minors (anyone under the age of 18) engaged in sexual conduct is illegal. Some states in the United States and many countries allow sexual conduct and marriage between adults and minors, but visual depictions of that conduct are prohibited in the United States by federal law. Similarly, sexual conduct between minors or by a minor is often tolerated but visual depictions of that conduct are also prohibited. Child Pornography laws in the United States exist to protect children and are strictly enforced - websites that display any content that might be considered child pornography should expect to be prosecuted.

2. The First Amendment:

Unlike pornographic images of adults, the First Amendment does not protect the possession or distribution of child pornography. Content that depicts children engaged in sexual conduct is "a category of material outside the protection of the First Amendment." New York v. Ferber, 458 U.S. 747 1982. The First Amendment does protect some material that could be considered child pornography, for example images in a medical textbook that show a child's genitalia. Although the possession or distribution of such images might be protected by the First Amendment when used in a pediatric context, the same images would probably not be protected if they were displayed on an adult website. Unless you have the resources of, for example, Calvin Klein, and can afford the legal battle, play it safe and do not display any questionable images of minors on your website.

3. Federal Statutes:

Title 18 of the United States Code governs child pornography. See Chapter 110, Sexual Exploitation and Other Abuse of Children. 18 U.S.C. 2256 defines "Child pornography" as:

"any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where -

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
(D) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct . . ."


Section 2256 clearly defines images of minors engaged in sexually explicit conduct as "Child Pornography." It also, however, adds to that definition images that appear to depict a minor engaged in sexually explicit conduct, and images or advertisements that suggest images of minors engaged in sexually explicit conduct. Does that mean that adult websites that display sexually explicit images of legal-age models in pigtails with a lollipop, while surrounded by stuffed animals, can be prosecuted under Child Pornography laws? The short answer is yes. Future prosecutions will determine which direction the law is going. See our Website Prosecutions page for a few examples of current adult website legal issues.

If your adult website displays images that arguably appear to have minors engaged in sexually explicit conduct, make sure that you are prepared. You should have the proper legal forms that you need to comply with federal record keeping requirements, and you should have a lawyer who has already seen your adult website (s) and has some idea about what arguments he or she will make if you are prosecuted. You should also have plenty of money and a desire to make the headlines. Remember, if you are prosecuted for violating child pornography laws, a jury will decide whether the content on your adult website is child pornography. Without a doubt, some juries will see child pornography where there is none.

4. Sexually Explicit Conduct:

18 U.S.C. 2252 prohibits the production, transportation, or knowing receipt or distribution of any visual depiction "of a minor engaging in sexually explicit conduct." For the purposes of Title 18, 18 U.S.C. 2256 defines a "minor" as any person under the age of eighteen years, and "sexually explicit conduct" as actual or simulated:

"(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person"


"Sexual intercourse" and "bestiality" (sex with an animal) seem pretty clear - if your website displays images that a prosecutor believes involve minors engaged in sexual intercourse or bestiality, expect to be prosecuted. Which acts constitute "masturbation" or "sadistic or masochistic abuse" may be more difficult to define, because participants engaged in such activities tend to do so for a sexual purpose. Clearly a child could appear to be engaged in such activities without intending a sexual purpose. What a child intends by his or her actions is irrelevant, however, because Federal law prohibits "simulated" as well as actual acts. Many states also address this issue by prohibiting images of minors touching or displaying their bodies "for the purpose of sexual stimulation of the viewer." (See, for example, California Penal Code 311.3-312.7).

Section (E) prohibits images of "lascivious exhibition of the genitals or pubic area." Courts that have interpreted this section have done so broadly - "as used in the child pornography statute, the ordinary meaning of the phrase "lascivious exhibition" means a depiction which displays or brings forth to view in order to attract notice to the genitals or pubic area of children, in order to excite lustfulness or sexual stimulation in the viewer." See United States v Knox (1994). You may risk prosecution if your website displays images of minors depicted in a way that excites viewers.


5. United States v Knox:

In Knox, a man who had previously been convicted of receiving child pornography through the mail ordered video tapes (by mail) of girls between the ages of ten and seventeen who, in the Court's words, "were dancing or gyrating in a fashion not natural for their age." The girls wore bikini bathing suits, leotards, or underwear - none of the girls in the videos was nude. The videos were set to music, and it appeared that someone off-camera was directing the girls. The photographer videotaped the girls dancing, and zoomed in on each girl's pubic area for an extended period of time. Knox was prosecuted under United States Child Pornography laws.

Legal counsel for Knox argued that "lascivious exhibition of the genitals or pubic area" meant that the girls had to be nude - wearing clothing meant that that genitals and pubic area were clearly not exhibited. The Court disagreed and held that there was no nudity requirement in the statute: "the statutory term "lascivious exhibition of the genitals or pubic area," as used in 18 U.S.C. 2256(2)(E), does not contain any requirement that the child subject's genitals or pubic area be fully or partially exposed or discernible through his or her opaque clothing."


6. Unanswered Questions:

 The Courts will likely continue to define what is prohibited under the child pornography laws. For example, if a website displays legal images of children, perhaps scanned from magazines and other legal sources, in a way that a prosecutor believes could excite some viewers, can that website be prosecuted under the child pornography laws? In many states and countries the age of consent is younger than 18. Can the USA prosecute a webmaster in another country who is displaying images of a 16 year old nude model, even if the images are not illegal in the webmaster's home country? The USA invades other countries to enforce its drug laws, so it's possible that webmasters in other countries might find themselves hauled to the USA to face criminal charges if they violate USA child pornography laws.


7. Conclusion:

If you want to be safe, do not display any images of minors on your adult website and do not advertise or suggest that your models are minors. If your website displays any arguably sexual images of minors, you may risk prosecution if it appears that your site exists for the sexual stimulation of viewers. If you display any questionable images of minors on your website, make sure you have a good lawyer. If you have any questionable images on your site, but you know that the model depicted is of legal age, make sure that you have the necessary legal records you will need to produce if you are prosecuted.


8. Links:  

 

 


CHILD PORNOGRAPHY AND ARIZONA STATE LAW

For purposes of sex offender classification and housing, the term "sex offense conviction" includes:

Any inmate with a conviction for one of the following statutes shall be classified as a sex offender and placed in a sex offender unit as available.

STATUTE OFFENSE DESCRIPTION
ARS 13-1405 Sexual Conduct with a Minor
ARS 13-1406 Sexual Assault
ARS 13-1406.01 Sexual Assault of a Spouse
ARS 13-1410 Molestation of a Child
ARS 13-1417 Continuous Sexual Abuse of a Child
ARS 13-1104 Murder, 2nd Degree +
ARS 13-1105 Murder, 1st Degree +
ARS 13-1203 Assault +
ARS 13-1204 Aggravated Assault +
ARS 13-1303 Unlawful Imprisonment +
ARS 13-1304 Kidnapping +
ARS 13-1508 Burglary, 1st Degree +
ARS13-1402 Indecent Exposure - If second or subsequent conviction to a person under 15 years, or third or subsequent conviction involving a victim of any age.
ARS 13-1403 Public Sexual Indecency - If second of subsequent conviction to a person under 15 years or a third or subsequent conviction involving a victim of any age.
ARS 13-1404 Sexual Abuse - If Victim Under 18 Years
ARS 13-1411 Infamous Crime Against Nature *
ARS 13-1412 Lewd and Lascivious Acts *
ARS 13-3206 Taking a Child for the Purpose of Prostitution
ARS 13-3212 Child Prostitution
ARS 13-3552 Commercial Sexual Exploitation of a Minor
ARS 13-3553 Sexual Exploitation of a Minor
ARS 13-3608 Incest *
ARS 13-3822 Failure to Register as a Sex Offender
ARS 13-3824 Violation of Sex Offender Registration Statutes
   

* EXCLUDES juvenile adjudications for this offense, unless offense occurred in another state.

+ Offense behavior must INCLUDE evidence of sexual motivation. Sexual motivation means "that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification" (Arizona Revised Statutes 13-118)
 


ARIZONA REVISED STATUTES FOR SEX OFFENSES

ARS Sexual Offense Registration Required
A.R.S. 13-3821
13-1405** Sexual Conduct with a Minor Yes
13-1406** Sexual Assault Yes
13-1406.01 Sexual Assault of a Spouse Yes
13-1410** Molestation of a Child Yes
13-1417** Continuous Sexual Abuse of a Child Yes
13-3552 Commercial Sexual Exploitation of a Minor Yes
13-3553 Sexual Exploitation of a Minor Yes
13-1404** Sexual Abuse Yes - if the victim is under 18 years of age, otherwise discretionary with the court
13-3206 Taking a Child for the Purpose of Prostitution Yes
13-3212 Child Prostitution Yes
13-3608** Incest No - unless ordered by the sentencing court
13-1304 "Kidnapping Yes - if the victim was under 18 years of age and the offense was not committed by the victim's parent
13-1303 "Unlawful Imprisonment Yes - if the victim was under 18 years of age and the offense was not committed by the victim's parent
13-1402 Indecent Exposure Yes - if a second or subsequent conviction involving a person under the age of 15, or a third or subsequent conviction involving a victim of any age
13-1403** Public Sexual Indecency Yes - if a second or subsequent conviction involving a person under the age of 15, or a third or subsequent conviction involving a victim of any age
13 -1411** Infamous Crime Against Nature No - unless ordered by the sentencing court
13-1412** Lewd and Lascivious Acts No - unless ordered by the sentencing court
13-3822 and
13-3824**
Failure to Register as a Sex Offender or comply with the requirements of the Sex Offender registration Statutes (Class 4 Felony) Yes

 



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CHILD PORN IN THE NEWS

Fmr. Novato Bus Driver Faces Child Porn Charges
A federal grand jury has indicted a former Novato school district bus driver on one count each of possession and receipt of child pornography, the United States Attorney's Office announced Thursday.

Remsen McGinnis Benedict, 52, was arraigned and remanded into custody of the U.S. Marshals. He was scheduled for a detention hearing Monday in U.S. District Court. Benedict also faces possession of child pornography charges in Marin County Superior Court. His next court appearance there is Feb. 8. The federal indictment alleges Benedict received the images over a period of months in 2006 and 2007 and possessed the images in July 2007. Federal authorities were seeking the forfeiture of the computer media on which Benedict allegedly possessed the images, United States Attorney Joseph P. Russoniello said. Novato police arrested Benedict on Aug. 1 after they learned a Web site for corporate sex offenders contained biographical information about Benedict and his photograph. The FBI assisted with the investigation. The Web site identified Benedict as a school bus driver with the Novato Unified School District and a pack leader with the Marin Council of the Boy Scouts. The Web site contained postings allegedly by Benedict, also known as "Wolfman", that reveal his preference for boys. Benedict is not alleged to have had sexual contact with children.

The U.S. Attorney's Office said Benedict faces between 5 and 20 years
years in prison and a $250,000 fine for receipt of child pornography and 10 years and a $250,000 fine for possession of child pornography.



 

 

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Mate Check has associates around the globe. Call us for an associate near you.
 


 

Mate Check Private Investigations
Specializing in Domestic Relations Cases


+1 (480) 391.1010 / +1 (866) 640.1010
matecheck@matecheckpi.com
 License # 1003408

*Mate Check welcomes same sex and alternative lifestyle cases

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