Archive for: April, 2015

Kansas City man gets 18 years for threatening to post teen’s nude photos

Dennis Aguilar

A Kansas City man who admitted he threatened to post nude photos of a 16-year-old girl if she wouldn’t have sex with him was sentenced Tuesday in Platte County Circuit Court to 18 years in prison.

Denis Aguilar, 23, pleaded guilty in February to attempted child enticement and attempted statutory sodomy for the threats he made in April 2014.

According to court records, the victim and her mother alerted Kansas City police after Aguilar requested nude photos of the teen. After the girl sent him photos, Aguilar threatened to post them online, said Platte County Prosecutor Eric Zahnd.

The girl told investigators that she was on a social network website that she thought barred users over 18. The teen and Aguilar met on the website and began communicating through other social media sites, Zahnd said.

Aguilar told the girl he was 18 and repeatedly asked her to send him nude photos. She said she sent him a photo thinking he would “back off” and then stopped communicating with him. However, Aguilar continued to send messages to her and became angry when she wouldn’t respond.

He then threatened to post her photo if she didn’t send another nude photo. She sent a topless photo of herself and then he said he would post the pictures if she did not have sex with him, Zahnd said.

The victim allowed investigators to use her online identity. The detective soon began communicating with Aguilar.

Using the victim’s online identity, the detective portrayed himself as another girl, this one 14. Aguilar asked to meet the 14-year-old for sex.

They arranged to meet last June 25 at a McDonald’s restaurant in Kansas City, North. Police arrested Aguilar moments after he arrived.

First Conviction Since Revenge Porn Law Passed In Colorado

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The first person convicted under Colorado’s new revenge porn law was sentenced

The revenge porn law targets those who post intimate videos and/or images of former romantic partners with the intention to harass them.

Michael Clasen was sentenced to three years probation on Friday. He had been facing up to 90 days in jail.

Clasen, 25 years old, was charged with six counts, including felony stalking and criminal mischief.

It is the misdemeanor charge that’s receiving focus, the ‘revenge porn’ law, that Clasen reportedly violated the very day the law went into effect.

Based on court records, Clasen slashed the tires of his 19-year old ex girlfriend and her mother. Subsequently he reportedly set spike strips in their driveway. He then posted private images of his ex-girlfriend online.

For more information on Colorado’s ‘revenge porn’ law, read more here:

http://www.leg.state.co.us/clics/clics2014a/csl.nsf/fsbillcont3/B8622059E18D26C687257C9A005794F0?open&file=1378_enr.pdf

 … Read the rest

Texas Passes Revenge Porn Bill

revenge porn bill passedTexans who post nude or sexually explicit pictures on-line to hurt another individual, usually an ex-spouse or ex-partner, would be subject to civil and criminal penalties under a revenge porn bill unanimously accepted on Tuesday by the Senate.

“This bill gets at a very disturbing Internet trend, the posting of nude or sexually explicit images without the consent of the affected person and with the intent to harm,” Garcia said. “In many instances, the images are posted by an ex-partner seeking revenge or to cause harm, and indeed this does cause immediate and irreversible harm.”

She noted, once an image is posted online, it is extremely hard to take down. “This is a very intimate violation of a person’s privacy and no different than the trauma caused by sexual violence, harassment or abuse,” the senator said. “More often than not, the victim is a woman.”
Civil and criminal penalties could be assessed under the bill against not only the perpetrator, but also the owner of the website that publishes the images.

All women senators joined as co-authors of the legislation. “This is an important piece of legislation for the women of Texas,” asserted Sen. Joan Huffman, R-Houston. The measure now goes to the House.… Read the rest

Al Franken Urges FBI To Prosecute Revenge Porn

Sen. Al Franken is urging the FBI to more quickly and aggressively pursue and prosecute revenge porn, marking a rare burst of attention on a controversial topic about which Congress has typically been quiet.

In a letter to FBI Director James Comey, the Minnesota Democrat asked for more information about the agency’s authority to police against revenge porn, or the act of posting explicit sexual content online without the subject’s consent, often for purposes of humiliation and extortion. Its popularity has ballooned in recent years, and victims are disproportionately women.

“The digital age has brought many benefits for free speech, commercial activity, and the sharing of information, but new technologies can pose significant threats if bad actors are not held accountable to our nation’s laws,” Franken wrote in his letter.

“As technologies rapidly advance, it is our responsibility to ensure that our nation’s laws keep pace with those technologies. But it is also our responsibility to ensure that existing laws are strictly enforced.”

Franken—the top Democrat on the Senate Judiciary Committee’s privacy, technology and the law panel—asked Comey to explain all the legal authorities at the FBI’s disposal that can used to investigate and pursue revenge-porn cases. The privacy hawk also is requesting statistics on how those authorities, ranging from hacking and identity theft laws, have been used “to combat conduct of this nature.”

In addition, Franken wants information on any limitations within current law that may have impeded the FBI from carrying out investigations or making arrests. Franken, who asked for a response by May 8, is exploring whether legislation may be necessary to combat revenge porn, his office said.

Lawmakers in Congress have been reticent to weigh in directly on revenge porn, despite the growth of the industry in recent years. Rep. Jackie Speier, a California Democrat, has for the past year been working on a bill that would criminalize revenge porn, but no bill has yet been introduced.

Open-Internet advocates generally oppose legislation that would expand criminal penalties to allow authorities to go after operators of revenge-porn websites. At the heart of the debate is Section 230 of the Communications Decency Act, which generally protects websites such as YouTube from being legally liable for the third-party content. Exceptions are made for copyrighted material and content that violates certain federal criminal law, such as child porn, but websites still are able to avoid liability if they adopt reasonable takedown policies.

Absent federal action, several states have passed revenge porn laws of their own that make the practice a crime.

Franken applauded technology companies for becoming increasingly diligent in policing against revenge porn, citing recent steps taken by Twitter and reddit to make such content easier to flag and remove.

“I am hopeful that these recent developments and the increased public attention to the problem will lead to a more concentrated federal effort to combat this growing threat to Americans’ privacy and safety.”

Al Franken Urges FBI to Crack Down on Revenge Porn… Read the rest

YouGotPosted revenge porn site owner sentenced to 18 years

The sentencing of Kevin Bollaert stopped an all-day hearing where several victims told of the humiliation inflicted by his actions. Bollaert burst into tears as he listened to testimony from victims and his mom.

The sentence was at the high end of the range; Bollaert faced a maximum of 20 years. In explaining his punishment, the judge noted that he stacked the sentencing terms based on the multiple victims.

Considering credits for good behavior, Bollaert could be eligible for parole after 10 years, the judge noted.

YouGotPosted revenge porn site owner sentenced

Man Sentenced in Case

Bollaert must pay $10,000 in restitution.

Bollaert was convicted of 27 counts of extortion and identity theft in connection to the tens of thousands of pictures posted online.

Bollaert would subsequently require hundreds of dollars from individuals to remove their pictures through another web site he possessed once they were printed.

Prosecutors called Bollaert “vindictive” and promised he took pleasure out of hurting his female victims with the web being his “tool of destruction.”
In court Friday, the judge their son has said he’s shown remorse was told by his parents.

“He’s said many times he wishes he never made the site… If he could return and alter it all, he’d,” they said in a statement to the court.

One after another victims shared how they were damaged by the activities of Bollaert.

“It’s just broken me on a level that’s not describable,” one girl told the court.

Another described how she’s haunted by her photographs being made people, saying,”If someone looks at me? She also described her experience as a day-to-day challenge.

A third victim said she’s difficulty recognizing Bollaert as a human being.

The case centered on a now defunct site called YouGotPosted.com, created by Bollaert so ex husbands and ex boyfriends could submit uncomfortable pictures of victims for retaliation. The pictures also linked to sufferers’ social media reports.

Prosecutors say those who needed to get the photos taken down were redirected to another one of Bollaert’s websites, ChangeMyReputation.com. There, $300 to $350 were charged to have their pictures removed.

State law forbids anyone from posting identifiable naked pictures online after a break up, punishable with $1,000 or six months in jail.

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