児童ポルノ・児童買春・児童福祉法・監護者わいせつ・不同意わいせつ・強制わいせつ・青少年条例・不正アクセス禁止法・わいせつ電磁的記録弁護人 奥村徹弁護士の見解(弁護士直通050-5861-8888 sodanokumurabengoshi@gmail.com)

性犯罪・福祉犯(監護者わいせつ罪・強制わいせつ罪・児童ポルノ・児童買春・青少年条例・児童福祉法)の被疑者(犯人側)の弁護を担当しています。専門家向けの情報を発信しています。

日本製の子ども性的虐待アニメ所持、米男性に禁固?年

 ところ変われば法変わる。
 アメリカでは「禁錮240ヶ月」と報道されているようです。
 日本には刑法175条がありますが法定刑は2年ですし、包括一罪。

http://www.yomiuri.co.jp/entertainment/news/20060311i2z4.htm?from=main2
子供への性的虐待を描写した日本製アニメ画像をパソコンに保存したとして、米バージニア州の男性が10日、裁判所で禁固2年の判決を受けた。

http://news.yahoo.com/s/usnw/20060310/pl_usnw/virginia_man_convicted_for_possession_of_child_pornography_in_the_form_of_japanese_anime_cartoons309_xml
Virginia Man Convicted for Possession of Child Pornography in the Form of Japanese Anime Cartoons
RICHMOND, Va., March 10 /U.S. Newswire/ -- Dwight Whorley, 52, of Richmond, Virginia has been sentenced to 240 months imprisonment on child pornography charges, Acting Deputy Attorney General and United States Attorney for the Eastern District of Virginia Paul J. McNulty and Assistant Attorney General for the Criminal Division Alice S. Fisher today announced.

http://releases.usnewswire.com/GetRelease.asp?id=62202
Virginia Man Convicted for Possession of Child Pornography in the Form of Japanese Anime Cartoons 3/10/2006 5:34:00 PM
RICHMOND, Va., March 10 /U.S. Newswire/ -- Dwight Whorley, 52, of Richmond, Virginia has been sentenced to 240 months imprisonment on child pornography charges, Acting Deputy Attorney General and United States Attorney for the Eastern District of Virginia Paul J. McNulty and Assistant Attorney General for the Criminal Division Alice S. Fisher today announced.


 役所の広報では、20年のようです。

http://www.usdoj.gov/usao/vae/ArchivePress/MarchPDFArchive/06/031006WhorleyNR.pdf
Paul J. McNulty, Acting Deputy Attorney General and United States Attorney for the Eastern District of Virginia, announced the sentencing of Dwight Whorley, age 52, of Richmond, Virginia, on child pornography charges. United States District Judge Henry E. Hudson sentenced Whorley to 240 months’ imprisonment.
Whorley was convicted on November 30, 2005, after a four-day jury trial, of using a public computer at a Virginia Employment Commission ("VEC") office on March 30, 2004, to receive twenty obscene Japanese anime cartoons that graphically depicted prepubescent female children being forced to engage in genital-genital and oral-genital intercourse with adult males.
Whorley was convicted under a new federal statute enacted in 2003 that criminalizes the production, distribution, or receipt of, or the possession with intent to distribute obscene drawings, cartoons, sculptures, paintings, or any other obscene visual representation of the sexual abuse of children. Whorley’s conviction for receiving cartoons is the first conviction under the statute that was not based on actual photographs of children.
The jury also convicted Whorley of receiving fourteen digital photographs of real children engaging in sexually explicit conduct and of sending and receiving twenty obscene E-mails which graphically described, among other things, parents sexually molesting their own children. At the time of his arrest in this case, Whorley was a registered sex offender who was convicted in March 1999, on a federal charge of receiving child pornography and was sentenced to 46 months’ incarceration. In January 2003, after serving that sentence and while on supervised release for his earlier conviction, Whorley was re-arrested for violating the conditions of his probation. Whorley subsequently pled guilty to violating the conditions of his release and was sentenced to an additional 12 months of incarceration to be followed by 12 months of supervision by the United States Probation Office. He was arrested on the present charges on April 5, 2005, just three months after being released from incarceration, when United States Probation Officers learned that Whorley had received child pornography by using a computer at the VEC.
Also announcing the sentence are Alice S. Fisher, Assistant Attorney General, Criminal Division, Department of Justice; and Donald Thompson, Special Agent-In-Charge, Federal Bureau of Investigation, Richmond Division.
The case was prosecuted by Assistant United States Attorney Sara E. Flannery and Damon A. King, Deputy Chief of the Department of Justice’s Child Exploitation and Obscenity Section (CEOS). The case was investigated by a Special Agent of the FBI and James M. Fottrellof CEOS’ High Technology Investigative Unit.

これは10年

http://www.usdoj.gov/usao/vae/ArchivePress/MarchPDFArchive/06/031006LynchNR.pdf
U.S. Department of Justice
United States Attorney
Eastern District of Virginia
Paul J McNulty, Uited Sates Atorney for the Eastern District of Virginia, announced that Dr. Charles Lamont Lynch, age 44, of Clifton, Virginia was indicted by a federal grand jury for possession of child pornography in violation of Title 18, United States Code, Section 2252a(a)(5)(b). If convicted, Dr. Lynch could be imprisoned for up to 10 years. Dr. Lynch is employed by the Defense Information Systems Agency (DISA).
Court documents allege that Dr. Lynch had been operating a peer-to-peer file sharing program on a computer in his office at DISA where he was the Chief of the Internet Protocol Version 6 Transition Office. Agents seized a computer and over 1,000 CD-Rom disks when they searched Dr. Lynch’s office. Child pornography was found in computer file folders titled “Young.”
The case is being investigated by Special Agent Victor Sanguanboon of the Defense Criminal Investigative Service. The prosecution of the case is being handled by Assistant United States Attorney Gerald J. Smagala.

これは25年

http://www.usdoj.gov/usao/vae/ArchivePress/MarchPDFArchive/06/031006HINAWINR.pdf
Paul J McNulty, United States Attorney for the Eastern District of Virginia, announced that Burhan Mahmod Hinawi, age 44, of Charlotte, North Carolina was sentenced today by Senior District Judge Claude M. Hilton to 25 years in prison to be followed by supervised release for life for production of child pornography in Syria which Hinawi transported into the United States.
The child pornography movies produced by Hinawi recorded him engaging in a variety of sexual acts with male and female children between the ages of 12 and 15. Court documents reported that after Customs and Border Protection (CBP) officers found the videos in Hinawi’s luggage at Dulles airport on July 25, 2005, agents discovered that Hinawi had been convicted in Charlotte, North Carolina on three felony counts of indecent liberties with a very young minor and sentenced to six months in jail with work release. Court papers also documented that additional investigation by Immigration and Customs Enforcement revealed additional child victims in Charlotte, North Carolina and in Syria. Videos taken by Hinawi on prior trips to Syria documented the molestations of victims as young as six years old.
United States Attorney Paul J. McNulty praised the work of the CBP and ICE agents who worked on this case. “The dedicated work of the agents who investigated this case has stopped a thirteen-year string of child molestations. The agents who protect us from the enemies from without and the predators from within deserve our continuing thanks. In this case, the time fits the crime.”
"Keeping child predators off the streets and out of our communities is a priority for ICE and our law enforcement partners. Thanks to the good work of U.S. Customs and Border Protection to identify this predator, ICE was able to locate the child victims of his heinous crimes," said Tom Madigan, acting special agent in charge of ICE's Office of Investigations in Washington, DC. "This predator's lengthy criminal career has now come to an end."
The case was investigated by Special Agents Robert E. Connelly, II and James Burns of Immigration and Customs Enforcement, and Officer Adam Coppolo, U.S. Customs and Border Protection. The prosecution of the case was handled by Assistant United States Attorney Gerald J. Smagala.