Dallas couple arrested on sexual assault, federally charged because their camera was made in Japan
I read something very disturbing in the Dallas Morning News this morning. I want to share it here because while most of it is twisted for obvious reasons, there is a little extra catch in the article that I’m concerned about.
A North Dallas couple is facing federal charges after being accused of having sex with the woman’s 13-year-old female cousin and photographing it.
On Wednesday, authorities unsealed a federal complaint against Douglas Meyers, 45, a Dallas insurance agent, and his girlfriend of three years, Amanda Jenson, 20, a former stripper who also was arrested on prostitution charges in Dallas in 2004.
They were arraigned on charges of enticing a minor to engage in sexual conduct and photographing it using an Olympus camera made in Japan, a violation of federal law because the camera was “shipped and transported in interstate and foreign commerce,” according to the complaint.
I’m in no way about to defend child pornography. I think that using children to get off sexually is the sickest form of perversion. If these people are guilty of sexually assaulting this child, they should rot in prison. If they photographed the act, they should be convicted of producing child pornography. But don’t you think that it is pushing it a little too far to bring federal charges because the camera was made in Japan?
If, while speeding, I get into an accident in my German car, can the government use the same reasoning to charge me with a federal crime because the car was “shipped and transported in interstate and foreign commerce?” If a person serves a glass of champagne to a person under the age of 21, can that person be charged with a federal crime?
Federal crimes are usually things like:
1. Fraud conducted through the mail (mail fraud);
2. Fraud conducted over interstate telephone or fax lines (wire fraud);
3. Public corruption;
4. Bank fraud;
5. Securities fraud;
6. Money laundering;
7. Tax crimes;
8. Interstate drug trafficking;
9. Trading with the enemy (export crimes); and
10. Conspiracy to commit the crimes above.
The reason given for these particular federal charges should terrify a person. If convicted of a federal crime, a defendant must serve his complete sentence with no possibility of parole. It’s really easy to be dismissive of the couple arrested for sexual assault and to even to believe that that if guilty, they should serve every day that they were sentenced to. But almost everybody breaks some law at some point during their lifetimes, and we all own and use property that was shipped and transported in interstate and foreign commerce. It’s not nit picking to demand better reasoning for federal charges.
friggin’ crazy!
No crazier than what has become the standard abuse of the interstate commerce clause, though.
Miche the first commenter stole my line. The interstate commerce clause is the most misused and abused article in the US Constitution because SCOTUS has let them get away with it.
That is bizarre, but the feds will use any approach to get into the action (so to speak). As I am fond of remarking, there is no such thing as coherent or consistent justice. It’s all about jumping through hoops and following absurd rules that include and exclude without regard to the concept of getting to the truth of the matter at hand. In this case, its a turf war between Dallas PD and the feds.
Scary shit.
I saw the same article earlier today and did some looking. The reason why this has become a federal case is because the federal Sexual Exploitation and Other Abuse of Children Title 18 Part 10 chapter 110 could easily be interpreted in a way that makes it so. You can read the law in its entirety at the EFF at http://www.eff.org/Censorship/?f=title_18_sect_2251-2.law
The pertinent Section 2252 a 3 B states
“(B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materails which have been mailed or so shipped or transported, by any means, including by computer…”
The key word is “produced.” Because the camera he used was made in Japan, the visual depiction was “produced using materials which have been mailed or so shipped or transported.” I don’t think this was the original intent of this law (digital cameras and the Internet were not as big of an issue in 1993). I agree with winecommonsewer, this is probably a turf war but the law could be interpreted in such a way that has the feds coming out on top.
but wouldn’t it hang on “knowingly sells or possesses with intent to sell “
It would if that weren’t a separate clause in the law.
And as to the age of the girl in question, I am left wondering at the impact of 600 years on absolute fundamental moral questions like what is or is not a child. (Girls were routinely married off to men more than twice their age, by the time they were 12-13 back then, in Europe. If you were 16 and unmarried, in some circumstances, you were considered a ’spinster’.)
… I guess I am just simply becoming too damned jaded by having read too many instances of abuse of “sex offender” laws to do things like label twelve year old girls as sex offenders for life. Blech.
It looks to me like the “fix” is in the works.
The defense strategy is to make it a “federal case.”
Once found guilty by a jury in federal court an appeal will follow.
The Appeals Court will see it for the folly that it is and overturn the conviction.
The perps walk because the state can’t touch them due to “double jeopardy.”
The only way to avoid this outrage is to call it for what it is: A fix!
no sympathy here, but i would’ve thought the pictures would have to be mailed. Sexual predation on minors is one of those sicknesses that seems to be on the rise. I’m sure we should be looking at better forms of treatment. i thikn death would stop the recidivism rate.
The most common example of state crimes becoming federal is unlawful firearm possession. If you’ve been convicted of a crime with a punishment >1year, you cannot own a firearm. This becomes a federal crime if the gun or bullets were made in a different state.
for whatever reason i’m not against that. I’m sorry…if you are dumb enough to break that law you deserve to be abused by your government and society at large
Welcome to Texas!
http://goldfusion.wordpress.com/
Speaking of crazy dumb regime edicts….
http://infowars.net/articles/june2007/290607Filming.htm
If the policy in the link above is implemented, I wonder if the same federal statutes will apply?
On the other hand, some good news…
http://www.truthera.com/2007/06/29/nh-governor-signs-law-banning-real-id/