Articles Posted in Sex Crimes

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An internet child sex sting operation in Hillsborough County recently concluded with the arrest of sixteen men in August.  Among those arrested in “Operation Small Talk”  were a registered sex offender, a member of the U.S. Army Reserve and former Manatee County Sheriff’s Office sergeant.  Six of the men attempted to meet the fake teen in person.  Some of the men even had adult items with them such as condoms and sex toys in anticipation of having sex with the child.  Those arrested in Operation Small Talk are facing felony convictions, sex offender probation, registration as a sex offender and up to 15 years in prison if found guilty.

Then, again in October twenty-two men in the Tampa area were arrested in “Operation Social Bust” while attempting to arrange sex with detectives posing as teenage girls and boys using fake social media accounts.  Most of the suspects were charged with a combination of using computer services or devices to solicit certain illegal acts, transmission of harmful material to a minor and unlawful use of a two-way communication device.  One suspect offered money to a detective he thought was a 15-year-old child.  He then arrived at what he believed to be the child’s home with cash and condoms in his pocket. Because he arranged to pay for sex, he also faces a human trafficking charge.

During these types of operations, law enforcement officers typically pose online as young teens seeking sex with older adult males.  Sometimes the officers pretend to be the parent of a child looking for sex.  And, the undercover decoys usually also pretend to be the child themselves in some communications. Continue reading

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In November 2017 I blogged on the topic of talking to the police.  In that blog, I explained it’s rarely advisable to speak with the police about your criminal case.  Regardless of whether you’ve yet been arrested, it’s usually in your best interest to remain silent and to not talk with the police until you’ve consulted with your lawyer.  Some recent arrests underscore why you shouldn’t talk with the police in connection with your sex crime case.

Seventeen men ranging in age from 19 to 77, including two Disney employees and a former middle school principal, were arrested in November 2019 in connection with a child pornography investigation in Polk County, Florida.  The operation, called “Guardians of Innocence IV: Fall Haul 2019,” was conducted by undercover detectives and a computer crimes team. Many of the arrests resulted from referrals from the National Center for Missing and Exploited Children. 

Among those arrested was Brett Kinney, aged 40.  Mr. Kinney was a guest experience manager at Disney World, where he had worked for the last 15 years.  Kinney was charged with 24 counts of possession of child pornography. Mr. Kinney told the officers he was addicted to child pornography and had been viewing it for 22 years.

While Mr. Kinney might have thought his comments to the police might help him, instead they most likely harmed his case.  His statements indicate he had a very long-term child pornography addiction which, due to its two decade duration, would be difficult to treat.  Because of his long-term pornography addiction, the prosecutor and/or the judge in Mr. Kinney’s case would be very concerned about his risk of reoffending after his arrest.  To manage the risk of Mr. Kinney reoffending, they would be inclined to seek a lengthier prison and probationary term than if he were at a lower risk of reoffending.   So, Mr. Kinney’s well-intended statement to police provided a basis for a longer prison term in his case. Continue reading

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On March 26, 2019 United States District Judge Brian J. Davis sentenced 68 year old Mohammad Abdul Malek to 10 years in federal prison for attempted enticement and coercion of a minor to engage in sexual activity. Malek, a Ph.D. level engineer, was employed as a federal civilian employee at Kings Bay Naval Base and was living in St. Mary’s Georgia prior to his arrest.

To implement an investigation into child sexual exploitation, on August 22, 2019 a Jacksonville Sheriff’s Office detective posted an ad in the “community / activity partners” section of Craigslist.  The ad stated “Looking 2 learn “(Atlantic)” “Hey, I’m looking 2 learn something new. . . I’m totally bored here visiting my granny!  HMU if ur real.”

The detective assumed the persona of a 13 year old female.  Malek responded only hours after the ad was posted to the internet, stating “I can teach you love making. . . .”  Malek later claimed to be 50.  The undercover persona replied that she was “almost 14.”  Malek initially responded “You are too young.”  Unfortunately for him, however, Malek subsequently engaged in more dialog from August 23 through August 26 involving approximately 780 text messages with the undercover persona.  Continue reading

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Most people are aware Google scans emails to develop advertisements targeted to users’ particular interests.  In fact, the notion Google will scan your content to tailor your advertising has been well known; the company’s terms of service notify users their emails are being analyzed. However, most people are not aware Google also scans both emails and search requests on its site to detect and report child pornography.

Google’s online set of “program policies” for its Gmail service includes “a zero-tolerance policy against child sexual abuse imagery.”  That policy states: “If we become aware of such content, we will report it to the appropriate authorities and may take disciplinary action, including termination, against the Google accounts of those involved.”

Consistent with that policy, since 2008 Google has actively scanned images that pass through Gmail accounts to determine whether they match up with known child pornography.  More specifically, Google has been using “hashing” technology to tag known child sexual abuse images, allowing it to identify duplicate images in Gmail accounts or in search results, even if the images have been altered.  Each offending image effectively is assigned a unique ID Google’s computers can recognize without someone having to view them again. And, Google also incorporates encrypted “fingerprints” of child sexual abuse images into a cross-industry database. This technique enable companies, law enforcement and charities to better collaborate on detecting and removing these images, and to take action against anyone involved with producing or viewing the materials.  Continue reading

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An internet child sex sting operation just concluded with the arrest of 17 men.  Dubbed Operation DUVAL (Disrupting Underage Virtual Abuse Locally), the undercover operation was initiated by the Jacksonville Sheriff’s Office with the assistance of several Northeast Florida law enforcement agencies.

During the operation, law enforcement officers posed online as young male and female teens looking to have sex with older adult males.  Sometimes the officers posed as the parent of a child looking for sex.  Other times, the undercover decoys pretended to be the child themselves.

Jacksonville Sheriff Mike Williams was quoted in an article in the Florida Times-Union as saying the suspects traveled from as far north as North Carolina and as far south as Orlando to have sex with someone they believed to be a 13 or 14 year old boy or girl.  The suspects range in age from 19 to 67. The 17 suspects’ charges range from traveling to meet after using a computer to seduce a child to solicitation of a child via computer to engage in sexual activity and unlawful use of a two-way device.  At least one of the suspects’ cases is in federal, versus state court where the overwhelming majority of these types of cases are filed.  Continue reading

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In the past year there have been numerous local undercover operations wherein detectives pose as underage females seeking sex on the internet.  Many of the ads are posted on Craigslist or similar sites.  They typically begin with a posted ad stating the poster is home alone, bored and looking for something to do.  The initial ad sometimes also states the poster is a female anywhere from 12 to 14 years old, although sometimes their purported age is not disclosed until later.

After making initial contact with the poster, a texting dialog usually follows.  It can be brief or run for several hours or even days.  The poster will send and also ask for a photo.  During the dialog, sex is discussed.  A time and place to meet is also established.  When the responder arrives to meet the poster, they are then detained by numerous officers, interviewed without a lawyer present, arrested and their vehicle is then taken and subject to forfeiture.  They are then transported to the jail and face a high bond, sometimes in the hundreds of thousands of dollars, in order to get out while their case is pending.

According to a recent article in The Florida Times-Union, a few weeks ago yet another one of these stings, designated “Operation Cruel Summer” occurred in St. John’s County.  The operation involved the Florida Department of Law Enforcement, the State Attorney’s Office, sheriffs’ offices from St. Johns, Putnam, Duval and Okaloosa counties as well as police departments from St. Augustine Beach, Orange Park and Gainesville. It resulted in the arrest Friday of 17 men ages 19 to 60 years old. Continue reading

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In 2002 actor Bill Cosby met Andrea Constand at his alma mater, Temple University in Philadelphia, where she was on the staff of the women’s basketball team.  Later, in the beginning of 2004, Cosby invited Constand to his home to discuss her career options. While she was there, Cosby gave her pills to relax her before lying on the couch with her and engaging in sexual acts. At the time Cosby was 66 and Constand was 30.

About a year later Constand told her mother about the incident with Cosby and that it was non-consensual.  They reported the matter to police, who suggest they record Cosby on a phone call.  In the call, Cosby admitted performing “digital penetration” but refused to identify the name of the pills he gave Constand.  The case was then referred to Pennsylvania authorities.

In February 2005 Montgomery County District Attorney Bruce Castor announced he would not  charge Cosby. In describing the case against Cosby as weak, Castor cited the yearlong delay in Constand’s report to her mother, Constand’s continued contact with Cosby after the incident and the fact that other accusers who had also come forward had never filed formal complaints with law enforcement.

In March 2005 Constand civilly sued Cosby for sexual battery and defamation.  During that case Cosby gave four days of deposition testimony about his affairs with young women over 50 years. The case ultimately resulted in a confidential settlement.  Continue reading

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Cesar Gonzales-Mugaburu , a 60 year old foster father who had previously opened his home to scores of disabled children, was acquitted yesterday  in a New York Supreme Court of endangering or sexually abusing several boys while they were in his care.  The verdict followed a five week trial during which eight of Mr. Mugaburu’s accusers testified against him.  Mr. Mugaburu had been denied bail and was held in jail for a year prior to his trial.

Mr. Mugaburu’s lawyer, Donald Mates, argued at trial that while Mr. Mugaburu was strict, he was not abusive.  Mr. Mates cited to the fact New York City’s child welfare agency trusted Mr. Mugaburu so much that it had placed 95 boys in his care over 20 years.  Mr. Mates further raised doubt about the credibility of the accusers, arguing they were coached.

The jury deliberated the 16 charges against Mr. Mugaburu for more than a week.  According to the The New York Times, jurors reported struggling at times to remain impartial in the case which elicited a lot of emotion.  The jury further organized the case details and created a timeline on a white board in the jury room.  The jurors even debated the definition of “reasonable doubt” and requested the judge to re-read the jury instructions providing the definition.  The case was very stressful for the jury, with one juror noting some of her fellow jurors fainted, became dizzy, developed stomach problems, and experienced insomnia during the trial.  Continue reading

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You meet a woman on an internet dating site or through a dating app such as Tinder.  You subsequently end up having what you understood to be consensual sex.  Later, however, the woman calls you complaining you forced her into having sex with you or otherwise contends the sex was non-consensual.

This is a relatively familiar scenario.  And, it’s a potentially dangerous one.  It’s dangerous because unbeknownst to you, your date may have already contacted police with her allegations and the call is part of an investigative tactic known as a controlled, or pretext, call.

In a controlled call, a sex crimes detective will have already been in contact with your accuser.  The detective will further have coached your accuser  regarding what to say to you prior to making the call.  And, most importantly, the call is recorded to collect and preserve crucial evidence to use against you in a criminal case.

Continue reading

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A Polk County teacher was arrested this month for showing pornography to students in his classroom. My review of the facts indicates that as is typical in many criminal matters, there are potential defenses available to the teacher that potentially could absolve him, or at a minimum, mitigate the severity of the charges he faces.

The Arrest Affidavit states that one of the teacher’s students came to his desk during class with a question about her assignment. As she approached, the teacher laid his iPhone on his desk, face up. The student observed “multiple websites depicting adult male pornography” on the phone. After speaking with the teacher, the student returned to her seat. Shocked at what she had just seen, the student returned to the teacher’s desk where she surreptitiously recorded the images displayed on the teacher’s iPhone screen, which included a slide show depicting a nude male’s erect penis and two male subjects engaged in sexual intercourse. Three additional students reported having also seen adult pornography on the teacher’s phone. Continue reading

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