Anti-Kickback Statute [42 U.S.C. § 1320a-7b(b)]

According to 18 USC 2422 and 2423, it is unlawful to engage in sexual activity and conduct with minors.

What the Prosecution Must Establish to Convict Under 18 U.S.C. §§ 2422 and 2423?

The prosecution must establish the following elements for convicting the defendant under 18 USC Sections 2422 and 2423

• Defendant knowingly persuaded, enticed, induced, or coerced any minor to travel between states or internationally for engaging in prostitution or in any illegal sexual activity, or attempted to do so;
• Defendant used the mail or means of interstate or foreign commerce to knowingly persuade, entice, induce, or coerce any minor to engage in any illegal sexual activity or attempted to do so;
• Defendant knowingly transported a minor between states or internationally with the intention to engage in an illegal sexual activity; and
• Defendant traveled between states or internationally for the purpose of engaging in any unlawful sexual conduct with a minor

What is Illegal or Illicit Sexual Conduct Under Federal Law?

Under federal law illegal or illicit sexual conduct includes the following:

• Any sexual act with any minor under 18 years
• Any sexual act which involved a person under the age of 18 years for commercial activity such as but not limited to prostitution.
• Any production or depiction of child pornography, including films, videos, photographs, pictures, or any other materials created through manual, digital, or other means.

Who is a Considered a Minor Under Federal Law?

Under federal law, a minor is any person under the age of 18. There are some exceptions to the definition of a minor, where the minor is a person under the age of 16.

Parties Involved in the Solicitation of a Minor

Any person can be an offender. The law does not limit the offender to one person. Anyone who intentionally and knowingly assists in coercion, transportation, or sexual activity can face prosecution.

What are the Penalties for a Federal Solicitation of a Minor Conviction?

Depending on the case circumstances federal solicitation of a minor can be charged as either a misdemeanor or a felony. In case the defendant is convicted of using internet, mail, or any other form of interstate or international communication to solicit or attempt to solicit of a minor with the intention to engage in illegal sexual activity, or he successfully transported the child for the illegal sexual activity, he can face:

• Up to 10 years in federal prison for a misdemeanor conviction
• A life sentence in federal prison for a felony conviction
• A fine of up to $250,000.

What are the Penalties for 18 Section 2423 Conviction?

According to 18 Section 2423, the defendant is charged with traveling to another state, coming to the US, or traveling internationally and engaging in unlawful sexual activity with a person under 18, he will face:

• Up to 30 years in federal prison.
• A fine of up to $250,000.

Other Penalties for a Federal Sex Crime Conviction

Additionally, punishment for any federal sex crime is usually accompanied by an obligation to join the national sex registry. The registry compiles the information of sex offenders across all states and can have a severe impact on offender’s ability to find employment and keep a residence. The offender must register as a sex offender for 15 years, 25 years, or for life. Failing to register can result in a separate criminal charge, carrying up to 10 years in federal prison and significant fines.

Terms of Federal Supervision

After serving their sentence, most individuals are subject to federal supervision for a period ranging from 5 years to life. Violation of these conditions will result in a second prosecution. Supervision may include:

• Using the Internet without prior authorization
• Visiting certain public places where children may be present
• Living near schools, parks, and child care facilities
• Possessing devices with Internet access

Psychological Evaluation and Mandatory Treatment

The court may order a mandatory forensic psychological evaluation. If it is determined that the defendant is prone to reoffending, compulsory treatment is possible. Authorities carry out the process both in places of detention and after release. These measures aim to minimize the risk

Compulsory Registration in The Sex Offenders' Register

The law requires any person convicted of a qualifying sex offense to register in the national sex offender registry and to keep their information updated as mandated by legal authorities. Failure to register is punishable as a separate offense. The term of registration is 15, 25 years or life. However, failure to register is punishable by up to 10 years in prison.

Role of Defense in Post-Release Conditions

KAASS LAW provides legal assistance at all stages. Contact us for an evaluation of your situation.

California Federal Sex Crimes Defense Attorney

KAASS LAW experienced attorneys are specialized in state and federal sex crimes, including sex crimes involving minors. Contact our office at (310) 943-1171 to learn how our team can help you.

According to 18 U.S. Code Section 1028, it is prohibited to knowingly transfer, possess, or use someone else's means of identification without lawful authority, with the intent to commit, aid, abet, or engage in any unlawful activity that violates federal law. Under 18 US Code Section 1028A aggravated identity theft is defined as the knowing and unauthorized possession, transfer, or use of a means of identification in the commission of certain felonies.

The Felonies which Trigger the Aggravated Identity Theft Statute are the following:

• Theft of public money or property: 18 USC 641
• Theft, embezzlement, or misapplication by a bank officer or employee: 18 USC 656
• Theft from employee benefit plans: 18 USC 664
• False personation of citizenship: 18 USC 911
• False statements made in connection with the acquisition of a firearm: 18 USC 922(a)(6)
• Any crime from Chapter 47 of USC relating to fraud and false statements
• Any crime from Chapter 63 of USC relating to mail, bank, and wire fraud
• Any crime in Chapter 69 of USC relating to nationality and citizenship
• Any crime in Chapter 75 of USC relating to passports and visas
• 15 USC 6821 relating to obtaining customer information by false pretenses
• Violations concerning willfully failing to leave the US after deportation and creating a counterfeit alien registration card
• USC 1321-1330Immigration offenses
• False statements relating to Social Security programs

What is 18 USC Section 1028a?

Basically, 18 USC Section 1028A acts as an enhancement for federal defendants convicted of certain federal crimes listed in subsection "c" of Section 1028A. Aggravated identity theft provides for an extra mandatory consecutive sentence to any sentence imposed upon the underlying crime for a defendant who knowingly possessed, transferred, or used another person’s identification

To Be Found Guilty of Federal Aggravated Identity Theft The Prosecution Must Prove

The prosecutor must prove beyond a reasonable doubt the following elements to convict the defendant of federal aggravated identity theft:

• Defendant knowingly possessed, transferred, or used another person’s identification documents or means of identification
• Defendant did so without lawful authority
• Defendant did so during and in relation to the eligible felony alleged in the indictment.

"Means of Identification" For Federal Aggravated Identity Theft

Means of identification is any name or number used, alone or together with any other information, to identify a person, including a name, date of birth, social security number, driver’s license or identification number, passport number, alien registration number, the taxpayer or employer identification number, routing code or electronic identification number.

Conspiracy to Commit Federal Aggravated Identity Theft

The defendant may face criminal charges when the identity theft has not even occurred as the attempted identity theft carries the same penalties as the theft. Authorities treat conspiracy to commit identity theft in a similar way. Helping someone commit identity theft can also be considered a crime. Authorities can classify the unlawful actions as a crime, even if the defendant did not gain any financial benefit from using someone else's information.

What are The Penalties for 18 U.S Code 1028a Aggravated Identity Theft Conviction?

The penalties for a 18 U.S Code 1028a Aggravated Identity Theft Conviction including the following: In addition to any punishment, the judge imposes for the underlying federal crime the defendant faces a minimum mandatory sentence of two years imprisonment for aggravated identity theft.

• Terrorism-Related Sentencing

In case the underlying felony is related to terrorist activity the minimum mandatory sentence for aggravated identity theft increases from two years to five years imprisonment.

Additional Consequences and Mitigating Circumstances

It is important to understand that a conviction for Aggravated Identity Theft is not subject to:

• Probation
• Early release
• Consolidation with another sentence

This means that the two years will be served after the base sentence, regardless of the circumstances. In addition, prior convictions for similar crimes may affect the sentence enhancement. The court may also consider:

• The extent of harm to the victim
• The size of the scheme
• The number of identities used
• The organizational level of the defendant's actions

Alternative Defense Strategies

Lawyers can build a defense based on lack of intent: if the defendant didn't know he or she was using someone else's identity. Or believed he or she had permission. The fact that there was a means of identification can also be challenged. In cases where the prosecution has not proven that the data used actually identifies a specific person.

Federal Investigative Agencies

Cases under 18 U.S. Code § 1028A are often investigated by the FBI, U.S. Secret Service, and immigration authorities, especially if the case involves international schemes, visas, or citizenship documents. If you are facing such charges, it is critical that you contact an experienced federal criminal defense attorney as soon as possible.

Federal Aggravated Identity Theft Defense Attorney

If you or a loved one is charged with federal aggravated identity theft, we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.

In California, damaging property is a serious offense. Especially if it has to do with phone, electricals, and even utility lines. Penal Code Section 591 makes it a crime for these types of damages. Maliciously taking down, disconnecting, cutting or obstructing any line of telegraph, phones, cable TV, or any line used to conduct electricity is punishable.  Our modern contemporary society depends and relies on these utilities. These vital services is powers our homes and businesses. The following will dive into the specifics of CA Penal Code 591. Furthermore, we will be exploring the violations, potential penalties and the importance of seeking legal counsel if facing these types of charges under this statute.

California Penal Code Section 591: Damaging Phone, Electrical or Utility Lines

Under California Penal Code Section 591 it is illegal to maliciously and purposely damage, obstruct, disconnect remove, or otherwise injure wires, cables, television, or any equipment that is used for a telephone, cable, or electric service. Often the crime of damaging phone, electrical, or utility lines is charged in combination with other offenses such as burglary or domestic violence. For committing this crime during an episode of domestic violence or burglary the defendant can face harsher charges than under California Penal Code Section 594 Vandalism.

Elements of California PC 591

PC 591 states that, prosecutor must establish the following elements to prove that the defendant is guilty of this damaging phone, electrical or utility lines under PC Section 591:

• Defendant illegally and maliciously took down, damaged, removed or obstructed a telephone, cable television or electrical line or mechanical equipment connected to the line, or
• Defendant illegally and maliciously severed a telephone, cable television or electrical line or
• Defendant illegally and maliciously made an unauthorized connection with a line used to conduct mechanical equipment or electricity connected to the line

The defendant can also be charged with criminal obstructing or cutting electrical or telephone lines as a result of illegally making an unlawful connection with an electrical line.

Acting Maliciously

For the purposes of PC Section 591, acting maliciously means that defendant had the intention to injure another one or do an unlawful act while accessing the electrical, phone, or cable lines.

Legal defenses for California Penal Code Section 591 Charges

• Accident

An accident is the most common defense for these cases. In order to be successfully convicted of a violation of Penal code Section 591, the defendant must have acted willfully. If the incident was an accident then the defendant not act deliberately then he did not commit a crime.

Penalties for Violating California Penal Code Section 591

In California law illegally and maliciously injuring electrical, cable or telephone lines is a wobbler and can be charged as either a misdemeanor or a felony depending on the case facts and the defendant's criminal history. The prosecutor will also take into account the extent of damage and the reason for the defendant’s actions.

Penalties for a Misdemeanor Conviction of PC 591 Are the Following:

• Up to one year in a county jail
• A fine of up to 1,000
• Misdemeanor (summary) probation

Penalties for a Felony Conviction of PC 591 Are the Following:

• Felony (formal) probation;
• Sixteen months, two or three years in a county jail under California's realignment program;
• A fine of up to $10,000.

Additional consequences can include possible civil suits from the victims. Thus the defendant can face additional financial liability if he or she is in a civil case for punitive damages for covering the cost of repairs.

Crimes Related to California PC 591

• California Penal Code Section 594: Vandalism
• California Penal Code Section 243(e) (1): Domestic Violence
• California Penal Code Section 459: Burglary

Contact Us

Facing these types of charges can have serious consequences, including potential jail time, fines, fees, and or potentially having a criminal record. It is important to seek legal consultation or speak with an attorney right away. Our office can provide a  service or can help investigate the case, negotiate with prosecution, or even represent you in court if needed. Checking the facts is the first thing we want to establish, then we would like help develop a defense strategy when applicable. Pena Code 591 isn't Capital Punishment, but still serious nonetheless. We warn all readers and anyone in the community to avoid any acts of harm or commit property damage. At KAASS LAW,  we have the experience in helping individuals  that are facing criminal charges, including destruction or damages of essential infrastructure. We understand how complex Penal Code 591 is and commit  to providing our clients with the high quality legal representation. If you are dealing with these charges under this statue, contact us today for a consultation that will be confidential. We will  be happy to review your case, explain your options and provide a defense strategy if necessary. Allow us to try to help you protect your rights. Don't face these serious charges alone alone. Let our litigating team help you.