NewsWhat Is A Federal Military Sex Crime Conviction

What Is A Federal Military Sex Crime Conviction

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Section 2: Transportation Of Minors

Does a Military Conviction Go On My Civilian Criminal Record? Can I Expunge a Court Martial?

The following are examples that break the laws regarding the transportation of minors:

  • Section 2423 : Any person who knowingly moves a minor between states or countries in order to engage in illegal sexual activity.
  • Section 2423 : Any person who travels between states or countries in order to engage in illegal sexual conduct with a minor.

Importantly, Section 2423 indicates that any person who attempts and/or conspires to violate either of the sections above, even if such attempt was unsuccessful, can be punished to the same extent as someone who fully violated the section.

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As leading Ft. Bliss Military Attorneys, the lawyers at Military Trial Defenders are equipped to assist servicemen and women who are accused of computer crimes. We will explore every possible strategy and determine the one that is best for you and your unique case. We are skilled at handling investigations, and we work hard to ensure that our clients are represented well. If you have been accused of any type of cyber crime, there is no time to hesitate. Your career and potentially even your freedom at risk. We defend those who defend our country. Dont hesitate to contact us today.

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Military Sex Offenses Lawyer

Being accused of asex crime of any kind is a serious situation for someone in the military. As a service member, you will face criminal proceedings in military court, in the form of acourt-martial.

Having the most effective legal counsel at your sex offense court-martial will be essential to avoiding maximum penalties and a conviction that will affect you for the rest of your life. Particularly with criminal offenses of a sexual nature, you may face extreme penalties and a ruined reputation and military career.

The Uniform code of Military Justice states that sexual assault occurs when an individual commits a sexual act upon another person by:

  • Threatening
  • Pretending to be another person
  • Using the false pretense that the act is for professional purposes

With over 20 years inmilitary criminal defense, 10 years in the Marines and another 10 years in the Marine Corps Reserves,attorney Guy Womack has the extensive experience you can rely upon in the face of your sex crime charges. With his familiarity of the Uniform Code of Military Justice and his ability to effectively represent service members interests even in the face of the most serious of charges, Guy Womack and his competent legal team can offer you the legal counsel you deserve. The firm is located in Houston, Texas and the attorneys take on cases throughout the U.S. and internationally.

To learn how we can help, 364-9913 today.

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Sentencing In Abusive Sexual Contact Cases

Just as sexual assault laws differ by state, so do sentencing rules. In states where sentences are determinate, a specific term is used to set a sentence, but mitigating and aggravating factors can affect the exact sentence.If the state has an indeterminate sentencing structure, the judge will select a range of years within the absolute minimum and maximum set out by the statute. Based on prison behavior and some other factors, the defendant may serve the minimum sentence, or the full term.

Since many sexual crimes are considered federal felonies, judges are directed by federal law, which specifies that they must consider when setting a sentence, including:

  • criminal history
  • the felon’s willingness to accept responsibility for the crime.

In federal law, sexual assault is a criminal offense that carries a 20-year maximum prison sentence and fines. Convicted sex offenders must also compensate victims for expenses they have incurred as a result of the crime, including:

  • attorney’s fees
  • occupational of physical therapy
  • and related expenses.

Once the jury finds the defendant guilty of abusive sexual contact, the judge will rule on sentencing. Some of the issues that will be considered regarding sentencing include:

  • a range of punishments set out in the criminal statutes
  • minimum and maximum prison terms
  • fines
  • and other penalties.

Contact Sex Crime Attorney

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Federal sex crimes are severely charged and prosecuted. The penalties upon sentencing are harsh. So, if you are arrested or receive a federal violation notice, your best course of action would be contacting a seasoned Sex Crime Attorney as soon as possible. This is imperative since your reputation, freedom, and future is at stake. The public and even your loved ones may be quick to judge and abandon you at this trying time. But at Sex Crime Attorney, we will by your side fighting for your rights as a defendant. We will discuss the facts of your case and can develop a strong defense strategy to challenge the prosecutions case with the aim of having the charges reduced or dismissed.

We can help you be treated in a fair and appropriate manner, avoid excessive fines or reduce your fines, and offer you legal representation throughout the process. Call us today at or fill out our online contact form to schedule a free, legal consultation. Time is of the essence

Contact Us Today for Immediate Assistance!

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Section 2: Use Of Interstate Facilities To Transmit Information About A Minor

This section prohibits any person who uses any facility or means of interstate or international commerce to share or otherwise transmit personal details of a minor in order to entire, offer, encourage, or solicit other persons to engage in a sexual activity.

This section is unique in that the minor in this scenario must only be under the age of 16 years, not 18 years. Like previous laws in this field, however, unsuccessful attempts can be punished to the same extent as instances that attained the goal.

Put 55 Years Of Experience On Your Side Today

If you are a service member who has been accused of any type of sex offense, contact a military criminal defense lawyer fromGuy L. Womack & Associates, P.C. today for a free consultation. We can act as strong advocates for your rights and work to protect your future.

To begin discussing your legal options, contact our military sex offense attorney today andschedule a free consultation.

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What Is Sexual Assault

A definition of sexual assault can be found in Article 120 of the Uniform Code of Military Justice. The law states that sexual assault occurs when someone commits a sexual act upon another person by:

  • Threatening or inflicting fear
  • Using the false pretense that the sexual act serves a professional purpose or
  • Pretending to be another person

It includes unwanted sexual conduct upon a sleeping or otherwise unaware person, or one who is incapable of providing consent.

A service member who commits unwanted sexual conduct upon another through the use of force or fear may be charged with aggravated sexual assault. This charge is similar to rape, but without evidence of penetration. Additionally, the threat of sexual violence — whether or not the threat is actually carried out — is enough to warrant sexual assault charges.

Sex Offenses: State Vs Federal Law

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Most offenses involving criminal sexual conduct fall within the jurisdiction of state law, but federal law also includes a number of sexual offenses. The offenses are found in Title 18 of the United States Code. Some of the federal offenses specifically apply to sexual offenses committed within the territorial jurisdiction of the United States or in a federal prison. Other crimes involve offenders who cross state or international borders to commit, or in the commission, of a sexual offense.

For example, 18 U.S.C. section 2251 makes it illegal to knowingly print, publish, or cause to be made, “any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct. This statute also applies when such person knows that such notice or advertisement will be, or has been, transported in interstate or foreign commerce by any means, including by computer.”

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Federal Sex Registry Failure To Notify Crime

A sex offender that fails to register fails to update and/or improperly updates sex registry information when required to do so may be exposed to significant fines and up to 10 years in prison. If a registry offender commits a violent crime during this time period, he or she may be imprisoned for up to 30 years under the SORNA Act.

Immediate Consequences Of Sexual Assault Conviction

Sexual assault is a felony, and most convictions result in a lengthy jail sentence, which can have its own consequences with regard to future employability and quality of life. You will have to register as a sex offender, your family and community reputation will suffer, and you will find yourself increasingly isolated from the rest of society. Depending on the severity of your sexual assault, you may be imprisoned for life.

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Justice For The Victims Of Abusive Sexual Contact

Our firm focuses on representing child and adult victims of abusive sexual contact, abuse and rape. Our aim is to find justice for our clients and to hold those who looked the other way accountable for failing to prevent such heinous acts. In our practice, we have handled cases in which people suffered abusive sexual contact at:

  • Education Institutions – When you visit a school, college or university, you have the right to expect safety from abusive sexual contact or sexual assault. If a student, teacher, worker or third party engages in abusive sexual contact, the school can be sued.
  • Your Doctor – Psychological and medical conditions sometimes makes a person vulnerable to sexual assault at doctors’ offices, hospitals, rehabilitation facilities and nursing homes.
  • Your Place of Employment – Workplace sexual harassment is very common but that does not make it right. Your employer must take action against abusive sexual contact, quid pro quo sexual demands, or any other sexualized images or behaviors that create a hostile working environment. If they fail to take action or retaliate against your complaints, the law allows you to pursue civil damages and other remedies.
  • People’s Homes or Hotels – When a property owner fails to prevent a guest from abusive sexual contact, or provides alcohol that leads to sexual assault of a guest, or if parents fail to provide adequate supervision of their sexually predatory child in order to protect guests, they can be sued.

Sex Offense Penalties And Sentencing

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As with any criminal offense, the nature, circumstances, and the parties involved control the seriousness of the sentences and penalties that may be imposed. The states vary widely in the length of sentence terms. As an example, incest is a class 4 felony in Colorado and punished by a 2 to 6 year prison sentence, but the same offense in Montana will be punished by a 100 year prison term.

Any sexual offense involving children or violence will have a harsh sentence. For instance, violations of the federal statutes involving sexual exploitation of children has a minimum sentence of 15 years. Charges of first degree rape or sexual assault will be punished by 15 years to life imprisonment, depending on the state and the circumstances of the crime.

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What Are The Consequences Of A Sexual Assault Conviction

As a heinous sex crime, sexual assault is considered a very serious conviction. Those convicted of sexual assault will have to face numerous serious consequences that could have lasting effect upon their entire lives. It is important for those facing this sentence as well as for those seeking legal recourse to know the full impact of a sexual assault conviction. Consequences may vary from state to state.

Why Is Ghislaine Maxwell Charged With Perjury

Those counts are based on her answers during 2016 depositions in a since-settled lawsuit brought by accuser Virginia Giuffre. Shes accused of lying by saying I dont know what youre talking about in response to a question about whether Epstein had a scheme to recruit underage girls for sexual massages. Shes also accused of lying by saying she didnt recall whether there were sex toys or devices at Epsteins Florida home and by saying she wasnt aware Epstein was having sex with anyone but her. Her lawyers argued those depositions shouldnt be used at the criminal trial because of a court-approved agreement her answers would stay confidential.

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Federal Laws On Military And Navy Offenses

The federal laws that relate to crimes connected to the military or navy are found within 18 U.S. Code Chapter 67. A total of nine different statutes are found in 18 U.S. Code Chapter 17, but one of those statutes has been repealed. This leaves eight statutes that define different types of criminal conduct and explain what prosecutors must prove in order to secure convictions for wrongdoing. The relevant statutes include:

LV Criminal Defense will help you to understand the specific elements of the statue youâve been charged under.

Getting help from a Federal Criminal Attorney

If youâve been accused of violating any of the laws found within 18 U.S. Code Chapter 67, LV Criminal Defense can provide the vigorous, dedicated representation that you need to respond to serious accusations and protect your freedom.

When your future is at stake, you need representation provided by federal criminal lawyers who have a long track record of success and who are committed to advocating for you throughout your involvement with the criminal justice system. Our firm can provide the help you need and deserve. We know the laws in 18 U.S. Code Chapter 67 inside and out and we have a long history of successfully helping clients in California, Arizona, Oregon, Nevada, Utah, or surrounding areas to avoid conviction when charged with federal offenses.

Lasting Consequences Of Sexual Assault Conviction

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  • Severe restrictions on where you live, i.e. ban on living within a certain distance of schools or certain neighborhoods
  • Requirements to inform neighborhood residents of your sex offender status
  • Forfeiture of your right to bear arms
  • Necessity to report every 1-3 years to your local police office for a current photograph
  • Necessity to report any new address to police authorities
  • Necessity to provide your Internet service provider, online screen name and email accounts to police authorities

Sex offenders may be required to be in contact with the police for the rest of their lives. This is designed to ensure the safety of the rest of the population. For this reason, if you are mounting a defense, it is vital that you get a qualified lawyer to represent you in court.

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Sexual Acts And Sexual Contact Offenses

These include criminal offenses that have an element involving a sexual act or sexual contact with another. The offenses covered include all sexual offenses whose elements involve: any type or degree of genital, oral, or anal penetration, or any sexual touching of or contact with a persons body, either directly or through the clothing.

Deregistration Risk Assessment Criteria

If you were convicted of a child pornography offense, you will be rated on three risk instruments: Matrix 2000, Psychopathic Personality Inventory Revised, and Level of Service Case Management Inventory. If you were convicted of any sex crime other than a child pornography offense, you will be rated on these three risk instruments: Static-2002, Psychopathic Personality Inventory Revised, and Level of Service Case Management Inventory.

In order to be eligible to deregister, you cannot be rated a high risk on any of the risk assessment instruments. You can be rated as medium risk on all of the risk instruments and you would still be able to deregister. On the other hand, if you are rated as high risk on any one of these instruments, even if you are rated as a low risk on the other two, you cannot deregister. See the table below for the risk ratings for each of the risk assessment instruments.

Risk Category
Total Score t-score less than 650 to 10

Deregistration is designed for people who have been convicted of a sex offense. This includes deferred adjudication. You do not have to be innocent of your sex crime in order to deregister. When you are participating in the deregistration evaluation, it is best to admit to your sex offense. If you deny, minimize, or blame, it could hurt your chances of deregistering.

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Ies Involved In Soliciting A Minor

We often think that it is a man who solicits an underage woman. In fact, any person can be an offender. The offender need not be limited to only one person, either: any person who knowingly assists in the transit, coercion, or sexual activity can be implicated and prosecuted as well.

While the offending party or parties can be anyone, the law is very clear on who constitutes a minor: federal law defines a minor as any person who has not reached the age of 18.

Getting Legal Help With A Sexual Assault Charge

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If youâve been the victim of sexual assault while serving in the military, in addition to legal assistance offered to you through the military, you should also consider speaking with a civilian attorney specializing in military law. A civilian attorney can be a helpful advocate through the process. In addition, if you want your matter to remain confidential, civilian attorney is not required to report your case to your chain of command, as may be the case with a military lawyer. Also, if youâve been charged with a sexual assault crime, a civilian attorney can also help to represent you during the military justice process.

To find a civilian attorney near you that specializes in military law, see FindLawâs lawyer directory.

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