If it looks like David Beneman, Maine's federal public defender, runs this blog, it is only because I've saved so many of his helpful and brilliant emails that should be shared like this one( I apologize for any formatting problems as I haven't quite figured out my typepad editor):
The Adam Walsh Child Safety and Protection Act signed into law September, 2006 contains many “unhelpful” provisions we should be aware of:
1. Sections 203 & 204 increase the mandatory minimum and maximum sentence for enticing and involvement in child prostitution to 10 to life (up from 5 to 30).
2. Section 216 inserts a provision into the bail reform act requiring electronic monitoring for anyone released pretrial for a variety of sex abuse violations; while mere possession is not one of the violations, receipt is. The constitutionality of the Bail provisions is currently being litigated in U.S. v. William John Swiat, # 06-CR-291 (NY(W), (available on PACER, briefs filed but no opinion yet).
3. Section 504 amends 18 U.S.C. §3509 to add the following:
(m) Prohibition of Reproduction of Child Pornography-
(2)(A) [Despite] Rule 16 of the Federal Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defendant.
(B) For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.
The early case on this is not very illuminating, see US v. Edward O. Burkhart, 2006 WL 2432919, (W.D.Pa., August 21, 2006).
4. The Act adds new federal crimes, expands federal jurisdiction for State crimes, adds and increases mandatory minimums in child and sex related crimes, expands and for Chapter 109A felonies (sexual abuse) abolishes the statute of limitations. DNA collection is again enlarged.
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