Analyzing D.C.’s “Revenge Porn” Statute
In enacting the statute to criminalize the behavior commonly known as “revenge porn,” the D.C. City Council created “three separate offenses aimed at capturing the three primary forms of non-consensual pornography: (1) unlawful disclosure; (2) first degree unlawful publication; and (3) second degree unlawful publication.”
Mitchell v. U.S.: Cruelty to Children is a General Intent Offense
In Pennsylvania, the offense is known as endangering the welfare of a child. In D.C., it is cruelty to children and, as the D.C. Court of Appeals pointed out recently in Mitchell v. United States, 64 A.3d 154… Read More
“The Sexual Assault Program In The Air Force Is A Joke”
The New York Times ran a story this morning about the lawsuit filed last month alleging that the Air Force has turned a blind eye to pervasive sexual attacks and harassment. The article focuses on Jennifer Smith, an Air Force… Read More
In Re S.W.: Context is Critical When Proving Criminal Threat
I have never been a fan of D.C.’s “threats to do bodily harm” statute. For one thing, it criminalizes behavior that is already covered under the assault statute. After all, is there any real difference between threatening to… Read More
Unauthorized Use of a Motor Vehicle: Applying the Notion of a “Grace Period”
The judge doesn’t like my idea of a “grace period.” In fact, he chuckles when I propose it: “I have never seen any case law on that,” he says. I was not trying to be funny. My client… Read More
“The Invisible War” To Compete At Sundance
“The Invisible War,” a documentary by Kirby Dick on rape in the military, has been selected for competition at the Sundance Film Festival, January 19-29, 2012. One of the most powerful lines in the movie is: “Military women… Read More
“A Surprisingly Good Day in Court” for Cioca v. Rumsfeld
Over at the Daily Beast, Jessie Ellison describes three signs that the military might finally be forced to “confront its rape epidemic.” First, Secretary of Defense Leon Panetta announced on Friday that he will issue “very direct guidance”… Read More
How Criminal Charges Can Jeopardize a Security Clearance
Of all the collateral consequences of a criminal arrest or conviction, one of the issues of greatest concern in the DC/Maryland/Northern Virginia area could be the effect of an arrest or conviction on a person’s security clearance. After… Read More
English v. United States: Aiding and Abetting Flight in a Motor Vehicle
Darnell Anderson was the passenger in a car involved in a shooting. The car sped away at high speed when police arrived at the scene. Anderson continued to flee on foot even after the car was stopped. The… Read More
