United States v. Ogden, No. 10-5276 (6th Cir. 2012)
Annotate this CaseOgden began online communications with a girl who stated that she was 15; he said he was 25, lived in Pennsylvania, and was a cancer patient. She sent Ogden sexually explicit photos of herself. At Ogden’s request, she masturbated in front of a webcam. He saved the images. She turned 16 and Ogden traveled to California; they checked into a hotel and had sex. When he discovered the relationship, the victim’s father invited Ogden to visit. He was arrested. Ogden was 34, not 25, was cancer-free, and lived in Tennessee. The victim’s chat logs showed that she sent explicit images of herself to other men. The court held that they could not be used as evidence against Ogden. Ogden unsuccessfully sought to use the logs to show that images on his hard drive were produced by the victim for others. Convicted of persuading a minor to engage in sexually explicit activity for the purpose of producing a visual depiction, use of interstate commerce to persuade a minor to perform sexual acts, receipt of child pornography, and possession of child pornography, 18 U.S.C. 2251(a), 2422(b), 2252(a)(2),(4)(B), Ogden was sentenced 204 months and ordered to pay $64,735 in restitution. The Sixth Circuit affirmed.
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