Free in Kentucky: If Your Office Allows You to Open This, Enjoy!

Free in Kentucky: If Your Office Allows You to Open This, Enjoy!: People ask fairly often how I can sleep at night. Sometimes they ask a different question with the same tone, like “So, how do you defend...

If Your Office Allows You to Open This, Enjoy!

People ask fairly often how I can sleep at night.  Sometimes they ask a different question with the same tone, like “So, how do you defend criminals when you know they are guilty?”  Or some variation thereof.

The truth is that I sleep very well.  And I love my job.

Recently I got a child porn case dismissed.  Erased.  Like it never happened.  It was a felony case wherein the Defendant was facing years in prison and the obligation of registering as a sex offender for life.  But I got it dismissed.  And I walked out of that courtroom with a smile on my face like it was Christmas morning.  The defendant was charged with distributing matter portraying a minor in a sexual performance.  The “matter” was a picture of a nude 14 year old girl.

Before the villagers start chasing me with pitchforks and torches,* let me explain.  The Defendant was the 14 year old girl.  She was charged with distributing child porn which portrayed herself.  She, in the parlance of our judicial system, was the alleged perpetrator AND the victim. 

Let’s call her Amiey.  Because for some reason new parents these days always have to intentionally misspell their children’s names.  Amiey is 14 years old and she dates a boy who is 16 years old.  We will refer to him as “standard teenage boy.”

Amiey is in “love” with standard teenage boy.  His birthday approaches, so Amiey goes on the internets and tries to find out what teenage boys like.  After some extremely brief research she learns that teenage boys have a one track mind.  She decides that she is going to give standard teenage boy a present for his birthday – a picture of her breasts.

Obviously, this is a horrible decision. 

After sending the picture message to his phone, Amiey can never undo what has been done.  Now, a digital image of her underage, naked body is out there for the world to see.  Further, the simple act of receiving and keeping the image on his phone makes standard teenage boy a felon, as well.  He is now in possession of child pornography.  Every person he sends the picture to will also be in possession of child pornography.  And every person they send it to.  A ripple effect of registerable sex offenders.

Inevitably, standard teenage boy’s grandmother finds the picture on his phone and goes apey.  She calls the County Attorney and asks for them to bring charges against Amiey.

After giving a very thorough lecture to her daughter, Amiey’s mother calls me.  In my office, I explain that the Kentucky law on distributing child pornography is governed by KRS 531.340.  It says, in pertinent parts:

(1) A person is guilty of distribution of matter portraying a sexual performance by a minor when, having knowledge of its content and character, he or she:

(a) Sends or causes to be sent into this state for sale or distribution; or

(c) In this state, he or she:

2. Distributes; or

4. Has in his or her possession with intent to distribute, any matter portraying a sexual performance by a minor.

(3) Distribution of matter portraying a sexual performance by a minor is a Class D felony for the first offense and a Class C felony for each subsequent offense.

In order to know what was distributed, first we have to define “sexual performance.”  Which will require us to define “performance,” “sexual conduct by a minor,” and “obscene.”  Here are the important definitions, pursuant to KRS 530.300:

(3) "Obscene" means the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving minors;

(4) "Sexual conduct by a minor" means:

(a) Acts of masturbation, homosexuality, lesbianism, beastiality, sexual intercourse, or deviant sexual intercourse, actual or simulated;

(b) Physical contact with, or willful or intentional exhibition of the genitals;

(c) Flagellation or excretion for the purpose of sexual stimulation or gratification; or

(d) The exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female genitals, pubic area or buttocks, or the female breast, whether or not subsequently obscured by a mark placed thereon, or otherwise altered, in any resulting motion picture, photograph or other visual representation, exclusive of exposure portrayed in matter of a private, family nature not intended for distribution outside the family;

(5) "Performance" means any play, motion picture, photograph or dance. Performance also means any other visual representation exhibited before an audience;

(6) "Sexual performance" means any performance or part thereof which includes sexual conduct by a minor; and

The basic defense was that 1) a picture of Amiey’s breasts did not constitute “sexual conduct by a minor” because, pursuant to KRS 530.300(4)(d), the exposure of her breasts alone would not be considered “obscene” under the definition of KRS 530.300(3).  Exposure of the breasts alone (without some other sort of sexual behavior) would not be “sexual conduct.”  And 2) I would make a motion to dismiss the case, on the grounds that the law, as applied to Amiey, was inapplicable.  There is some caselaw (specifically In re G.T., 758 A.2d 301 (Vt. 2000) which supports the idea that statutes relating to sexual victimization of children should be construed so narrowly as not applicable to minors accused of sexually-based crimes involving other minors.  Since Amiey was the “victim” she should not be prosecuted as a perpetrator under the same statute that makes her the victim.

After I squawked this noise at the prosecutor long enough, he just said ok, and agreed to dismiss the case if Amiey wrote a paper on why sending nude pics of herself was a bad idea.  I don't know if he genuinely believed that the outcome was fair, or if he was just annoyed with me and the reasonable probability that I was going to make him do a lot more work over the holiday months if he didn't cave.

Either way, I thought it was a very good outcome.

I slept very well that night.

If you have been charged with a sex crime, you need a good lawyer.  Many Kentucky sex crimes carry penalties including years in prison and registration as a life long sex offender.  Call an experienced Louisville sex crimes lawyer at Gruner & Simms, PLLC.  The initial consultation is free, so call 502.618.4949 today.

Results.  As fast as the law will allow.

*Get it?  I’m a monster.

Questions answered in this blog post:  What is the law on Kentucky child pornography; what age is ok for pornography; what is distributing matter portraying a minor in sexual performance; how can I find a good Louisville child pornography lawyer; how can I find a good Kentucky child pornography lawyer; how can I find a good Louisville sex crimes lawyer; define "obscene" under Kentucky law; define "sexual conduct by a minor" under Kentucky law; can an underage girl who sends nude pictures of herself be charged with distributing child pornography?

Free in Kentucky: The Insanity Defense: Stacy Schuler Might Be Craz...

Free in Kentucky: The Insanity Defense: Stacy Schuler Might Be Craz...: Stacy Schuler has officially been convicted of having sex with students. More specifically, the extremely popular Ohio high school gym teac...

The Insanity Defense: Stacy Schuler Might Be Crazy. But Not Crazy Enough.

Stacy Schuler has officially been convicted of having sex with students.  More specifically, the extremely popular Ohio high school gym teacher has been convicted of 16 felony counts of sexual battery (and 3 misdemeanor counts of giving booze to minors) after Judge Robert Peeler rejected her insanity defense.  The Judge said he would refuse to take the “magnificent leap” that would be required to believe that Schuler did not know that her actions were wrong.

Even though the boys with whom she coupled are of age in Ohio, it is still illegal for a teacher to have sex with a student.  From what I gather, the boys were all 17 or older.  There were 5 of them, by the way.  Schuler will now have to register as a sex offender for life.

Rather than muse about the degree of moral gray area involved whenever a young female teacher has sex with a consenting “not quite adult, but old enough” football player(s), or the contrast of circumstances if Schuler had been an older man who had sex with a 17 year old cheerleader, today’s blog post will concentrate on Schuler’s insanity defense and Kentucky’s equivalent. 

Schuler wanted the court to accept the proposition that a combination of mental disorders, Zoloft, booze, a vegan diet, and irritable bowel syndrome rendered her unable to tell the difference between right and wrong.

See.  I don’t even have to interject any snide comment or make a joke.  This stuff just writes itself.

Let’s take a look at the Kentucky law on insanity defense and see how Schuler’s case would be analyzed here in the Bluegrass State.  “Insanity” is the slang term for the defense, and in Kentucky, we use the terms “Mental Illness or Retardation.”  KRS 504.020 governs the defense of Mental Illness or Retardation, and it reads in pertinent part:

(1) A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental illness or retardation, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.

Let’s break it down like James Brown and see how the law would or would not apply to Schuler.  Obviously the “criminal conduct” to which the statute refers would include each time she had sex with a student.  Each act is a separate instance of criminal conduct.  So, in order to simplify this, let’s just assume she only had sex with one student, one time.  In Schuler’s case, she is not claiming retardation, so we’ll be using the “mental illness” language.  The trier of fact (be it judge or jury) must decide whether, at the time she had sex with a student, Schuler had a mental illness.  If she did have a mental illness, the trier of fact has to decide whether Schuler had the ability to (1) understand that what she was doing was illegal, or (2) conform her conduct to the law.  If the trier of fact decides that Schuler didn’t understand what she was doing was illegal, or that didn’t have enough control over herself to make herself conform to the law, then Schuler is NOT responsible for her criminal conduct.  

In this particular case, the Judge considered evidence that Schuler invited these boys over to her home, provided them with alcohol and marijuana, gave them back rubs and even some testimony from one of the boys that indicated she was planning an insanity defense as she was seducing the boys.  Therefore, he declined to accept her insanity defense.

On a side note, the Defense for Schuler brought up some evidence concerning “black outs” which can come from mixing Zoloft with a lot of alcohol.  This is a complicated area which I will leave for another day.  However, I do want to let you know that alcohol intoxication can, in certain circumstances, be a defense to a crime.  If you have a case and you have mental illness, retardation, or if you believe you may have an alcohol intoxication defense, talk to your lawyer about the defense options you may have.

Sex crimes are very serious.  Often, they can be felonies.  A conviction for certain sex crimes can require lifelong registration as a sex offender.  If you have been charged with rape, sexual assault, or unlawful transaction with a minor in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, call 502.618.4949 and speak with an experienced Louisville sex crimes lawyer today.  The initial consultation is free.

Results.  As fast as the law will allow.


Questions answered in this blog post: Explain Stacy Schuler's insanity defense; what is the insanity defense in Kentucky; how can someone plea insanity for a crime; can intoxication be a defense to a crime; why did the Judge reject Stacy Schuler's insanity plea; how can I find a good Louisville sex crime lawyer; how can I find a good Louisville sexual assault lawyer; how can I find a good Louisville rape lawyer; how much time did Stacy Schuler get; what is the standard for a Kentucky defense of Mental Illness or Retardation?

Free in Kentucky: Bathtub Molly: Designer Drugs and the Legality The...

Free in Kentucky: Bathtub Molly: Designer Drugs and the Legality The...: Meow Meow is not your friend. Neither is any other designer drug that someone engineers, mixes up in a juiced-up home chemistry set and se...

Bathtub Molly: Designer Drugs and the Legality Thereof

Meow Meow is not your friend.  Neither is any other designer drug that someone engineers, mixes up in a juiced-up home chemistry set and sells on the internet. 

This is going to sound absurd and/or repulsive to a lot of you.  Just bear with me.  You may at least find this interesting.  Kind of like watching a show about cannibalism on the History Channel.  You know you aren’t ever going to dabble in the subject, but you can’t stop watching.

Every once in a while someone (often a teenager with too much chemistry knowledge and not enough sense) manufactures a new drug that cannot be detected by existing drug tests.  The drug becomes popular, it may or may not kill a few people, and then states (and possibly the federal government) begin to ban it.  Some are extremely dangerous and some are relatively benign.  Occasionally, a drug will reach a level of…um…legitimacy(?), I suppose – such that the designer drug is packaged for resale and distributed freely on the open market. 

Take “Spice” for example.  “Spice” is the trademarked name of a company that distributed a synthetic cannabinoid (although the name “Spice” has been generalized to the extent that people use it to refer to all synthetic cannabis products, much like “Band-Aid” or “Kleenex”).  This synthetic cannabis product was packaged in a little shiny pouch with a flashy logo, and was sold in gas stations until banned Nationwide in March of 2011.  I haven’t found any research that suggests that Spice causes any more negative side effects than actual pot (except that some research suggests that it may make people nauseous) but the concern is that a lot of research just doesn’t exist.  The Associated Press indicated earlier this year that no official studies have been conducted on Spice’s effects on humans.

And that’s the problem.  We really have no idea what the short or long-term consequences of ingesting these drugs are, or will be.  People are just buying these drugs off the internet, or from some guy down the street and shoving them into their body, with no idea of what sort of harm might befall them.  If you are wondering why people wouldn’t weigh the possible consequences of drug use against the desire to get a little buzz, you are injecting a level of logic that simply isn’t present when people buy designer drugs.

More recently, “bath salts” have been the designer drug of choice.  The scientific name for the synthetic stimulant is mephedrone or methylenedioxypyrovalerone (MDPV).  It comes in tablet or powder forms and users swallow, snort, or inject the drug into their bloodstream. The reported effects of mephedrone are very similar to those caused by cocaine and MDMA.  According to the DEA’s Drug and Chemical Evaluation of methylenedioxypyrovalerone, that means the drug causes feelings of empathy, stimulation, alertness, euphoria, and awareness of senses.  On the negative side, it can cause tachycardia, hypertension, vasoconstriction, and sweating.  MDPV has also been reported to cause intense, prolonged panic attacks in users.  Repeat users have reported bouts of psychosis and a craving or a strong desire or urge to use again. 

Users have been able to get the drug through internet purchases, or from street pharmacists.  The "street names" for mephedrone or MDPV bath salts are numerous.  They include but are not limited to Meow Meow, Kat, White Knight,  White Rush, Ivory Snow, Vanilla Sky, Plant Fertilizer, Energy-1, and Arctic Blast.*  

In 2011, the CDC conducted the first public health investigation of emergency room cases resulting from the use of bath salts.  During a 4-month period in Michigan, 35 patients who had inhaled, injected, or ingested bath salts visited emergency rooms. Of these 35 patients, 17 were hospitalized and one was dead upon arrival.  Due to the increase in emergency room visits by people overdosing on bath salts, the DEA moved to make methylenedioxypyrovalerone, mephedrone, and methylone illegal.  

As of October 21, 2011, MDPV, its salts, isomers, and salts of isomers have been temporarily controlled in schedule I of the Controlled Substances Act.  So the point of all of this is that Meow Meow is now illegal, no matter where you are in the United States.  Also, it might be a bad idea to ingest it.

Drug charges are serious.  If you have been charged with a drug crime in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, call the experienced drug charge lawyer Greg Simms.  The initial consultation is free, so call 502.473.6464 today.

Individual Attention.  Extraordinary Results.

See WWW.LOUISVILLEFIRM.COM

*Not to be confused with the frozen treat formerly available at Tommy’s Burger Palace in Lebanon, Kentucky.


Questions answered in this blog post:  What is meow meow; what are bath salts; what are bath salts drug; are bath salts legal in Kentucky; where could I get a delicious frozen "Blizzard"-like treat in central Kentucky around 1997; what are designer drugs; what is spice; what is the spice drug; where can I buy spice in Louisville; where can I buy spice drug in Louisville; what is fake marijuana in Kentucky; is fake marijuana legal in Kentucky; what drugs can't be detected in drug tests; which drugs are not detectable; DEA information on bath salts; how can I find a good Louisville drug charge lawyer; how can I find a good Louisville marijuana charge lawyer; what is MDPV; what are the negative effects of bath salts?

Free in Kentucky: The Reason Men HAVE to Watch Football on Sunday: I...

Free in Kentucky: The Reason Men HAVE to Watch Football on Sunday: I...: Yeah, it's kind of funny and then it's kind of not. There are a slew of exceptions (one particularly religious in nature) to the law. But ...