PRACTICE MATERIALS

1
PRACTICE MATERIALS

• Law of the Internet, Aspen Publishers, Inc., LC
  Call KF390.5.C6D45
• Sex Offender Registration and Notification A
  Megans Law Sourcebook, Civic Research
  Institute, Inc., LC Call KF9323.W3
• Obscenity Law Reporter, National Obscenity Law
  Center, LC Call KF9444.A59026
• The Prosecution and Defense of Sex Crimes,
  Matthew Bender, ISBN 0820515620
• Criminal Investigation Handbook, Matthew Bender,
  ISBN 0820516732

2
PRACTICE MATERIALS

• Obscenity Litigation, 10 Am. Jur. Trial 1
• 5.5 Application to Photos and Films Depicting
  Children
• 5.7 Internet Obscenity
• The Defense of a Computer Crime, 70 Am. Jur.
  Trial 435
• 42 Computer Pornography

3
PRACTICE MATERIALS

• Cyberporn Transmission of Images by Computer as
  Obscene, Harmful to Minors or Child
  Pornography, 61 Am. Jur. Proof of Facts 3d 51
• Proof that Motion Picture is Obscene or Harmful
  to Minors, 55 Am. Jur. Proof of Facts 3d 249

4
PRACTICE MATERIALS

• Complaint, Petition, or Declaration by State for
  Injunction -- Exhibition of Obscene Motion
  Picture, 18B Am. Jur. Pleading and Practice
  Forms 123
• Complaint, Petition, or Declaration by State for
  Abatement of Nuisance -- Premises Used for
  Dissemination of Pornography and as Place of
  Assignation, 18B Am. Jur. Pleading and Practice
  Forms 128
• Complaint, Petition, or Declaration for Permanent
  Injunction Seeking Temporary Restraining Order
  -- Exhibition of Obscene Motion Picture, 14A
  Am. Jur. Pleading and Practice Forms 25

5
PRACTICE MATERIALS

• Warrant Must Be Supported by Probable Cause,
  641.10, Criminal Procedure, Search and Seizure,
  (Warrant to search individuals residence in
  internet child pornography case was properly
  issued on basis of activity of defendants
  registered screen name...United States v. Grant,
  218 F.3d 72, 75 (1st Cir. 2000))
• Warrant Must Describe with Particularity Place to
  be Searched and Person to be Seized, 641.11,
  Criminal Procedure, Search and Seizure,
  (Warrant authorizing seizure of defendants
  entire computer system deemed reasonable where
  object of warrant was child pornography, United
  States v. Lacy, 119 F.3d 742, 746-747 (9th Cir.
  1997))

6
PRACTICE MATERIALS

• Revocation or Modification of Probation or
  Supervised Release, 3 Fed. Prac. Proc. Crim.
  2d 542 (Rule 32.1), (The Tenth Circuit held
  that the district court did not commit plain
  error in imposing a special condition of
  supervised release barring a defendant convicted
  of possession of child pornography from using or
  accessing the Internet without the prior
  permission of the probation officer, U.S. v.
  Waiser, 275 F.3d 981, (C.A.10th 2001))
• Area Protected, 3 Fed. Prac. Proc. Crim. 2d
  663, (In an appeal from a conviction involving
  child pornography,the court held that a public
  employers remote, warrantless searches of the
  defendant employees office computer did not
  violate his Fourth Amendment rights..., U.S. v.
  Simons, 206 F.3d 392 (C.A.4th 2000))

7
PRACTICE MATERIALS

• Sexual Exploitation
• Generally, 18 U.S.C.A. 2251 et seq.
• Online Privacy Protection, 15 U.S.C.A 15 6501
  et seq.
• Sentence and Punishment, Hutchinson, Yeleen,
  Hoffman and Young, Federal Sentencing Law
  and Practice 2G1.1
• Sexual Offenses
• Generally, Wests C.R.S.A. 18-7-501
• Instructions to Jury, CO Jury Instructions,
  Criminal, 1209 et seq.
• Registration of Perpetrators, Wests C.R.S.A.
  18-3-412.5

8
PRACTICE MATERIALS

• Obscenity
• Generally, C.R.S. 18-7-101 et seq.
• Sexual Exploitation of Children, C.R.S. 18-6-403
• Sexual Exploitation of Children, C.R.S. 18-6-404
• Promotion of Obscenity, C.R.S. 18-7-102

9
PRACTICE MATERIALS

• Jury Instructions
• Trafficking in Children, Colo. Jury Instr.,
  Criminal 2207, Incest and Wrongs to Children
• Sexual Exploitation of Children, Colo. Jury
  Instr., Criminal 2208, Incest and Wrongs to
  Children
• Procurement of Children, Colo. Jury Instr.,
  Criminal 2209, Incest and Wrongs to Children

10
PRACTICE MATERIALS

• Self Help Books
• Many of the self help books were for individuals
  that are addicted to accessing child pornography
  through the internet.
• In the Shadows of the Net Breaking Free of
  Compulsive
• Online Sexual Behavior, Patrick, Ph.D. Carnes,
  David, Ph.D. Delmonico, Elizabeth Griffin,
  Patrick J. Carnes, Joseph Moriarity, April 2001
  ISBN  1568386206
• Hope and Recovery A Twelve Step Guide for
  Healing From Compulsive Sexual Behavior,
  Hazelden, ISBN 156838050x