Justia Daily Opinion Summaries

Internet Law
April 26, 2024

Table of Contents

United States v. Flechs

Communications Law, Criminal Law, Internet Law

US Court of Appeals for the Tenth Circuit

Commonwealth v. James

Communications Law, Criminal Law, Government & Administrative Law, Internet Law, Juvenile Law

Massachusetts Supreme Judicial Court

State v. Azar

Communications Law, Criminal Law, Internet Law

Oregon Supreme Court

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United States v. Flechs

Court: US Court of Appeals for the Tenth Circuit

Docket: 22-5088

Opinion Date: April 19, 2024

Judge: Scott Milne Matheson, Jr.

Areas of Law: Communications Law, Criminal Law, Internet Law

In January 2021, John William Thomas Flechs, using the pseudonym “John Breezy,” began conversations on the Kik online messaging platform with someone he believed to be a 14-year-old boy. In fact, Flechs was messaging Sergeant John Haning, a member of the Rogers County, Oklahoma Internet Crimes Against Children Task Force. Over the next four days, Flechs and the minor discussed sexual topics in graphic detail. After they discussed meeting in person, Flechs asked the minor if he would be going to the skatepark. When Flechs arrived at the skatepark, he handed two Dr. Pepper sodas to an officer posing as the minor. Officers then arrested him.

A grand jury indicted Flechs for attempted enticement of a minor in violation of 18 U.S.C. § 2422(b). A petit jury returned a guilty verdict. The district court sentenced Flechs to 120 months in prison and five years of supervised release. Flechs timely appealed.

On appeal, Flechs argued that the trial evidence was insufficient to prove that he intended to entice the minor or took a substantial step toward enticement. He also argued that the jury instruction on the term “grooming” violated Federal Rule of Evidence 605, contained an unconstitutional presumption on the element of intent, and misstated the law. The United States Court of Appeals for the Tenth Circuit rejected these arguments and affirmed the conviction. The court held that the evidence was sufficient to convict Flechs of attempted enticement of a minor under 18 U.S.C. § 2422(b). The court also held that the jury instruction on the term “grooming” did not violate Federal Rule of Evidence 605, did not contain an unconstitutional presumption on the element of intent, and did not misstate the law.

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Commonwealth v. James

Court: Massachusetts Supreme Judicial Court

Docket: SJC-13395

Opinion Date: April 23, 2024

Judge: Georges

Areas of Law: Communications Law, Criminal Law, Government & Administrative Law, Internet Law, Juvenile Law

The case involves a professional photographer who sexually exploited a minor. The defendant initially contacted the victim through a social networking site and began communicating with her through various means, eventually soliciting and receiving explicit images of the victim. The defendant also met the victim in person and sexually abused her. After the victim's parents reported the exploitation to the police, an investigation was launched. The police seized a computer tower, an external hard drive, and other items from the defendant's former residence. A forensic examination of the hard drives revealed explicit images of the victim, communications between the defendant and the victim, and hundreds of images of unidentified females in various stages of undress.

The defendant was indicted on multiple counts, including aggravated rape of a child and enticement of a minor. He pleaded guilty to all charges, except for the eight counts of aggravated rape of a child, where he pleaded guilty to the lesser included offense of statutory rape. After being sentenced, the defendant filed a motion for the return of the seized property. The Commonwealth opposed the return of the property, arguing that it was in the "public interest" to destroy the devices. The Superior Court denied the defendant's request for the return of certain property.

The Supreme Judicial Court of Massachusetts granted an application for direct appellate review. The court concluded that the procedural requirements set forth in G. L. c. 276, §§ 4 to 8, must be followed before a forfeiture decree may be issued under G. L. c. 276, § 3. The court vacated the Superior Court orders denying the return of certain property to the defendant and remanded the case for further proceedings consistent with its opinion.

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State v. Azar

Court: Oregon Supreme Court

Docket: S069578

Opinion Date: April 11, 2024

Judge: DeHoog

Areas of Law: Communications Law, Criminal Law, Internet Law

The case involves Raji Afife Azar, who was charged with three counts of "computer crime" under ORS 164.377(2)(c) for selling items on eBay that he believed to be stolen. The state argued that by selling stolen merchandise on eBay, Azar had accessed and used a computer system for the purpose of committing theft of property. Azar moved for judgment of acquittal, arguing that the state had not proved that he had engaged in "computer hacking," which he asserted was required to establish computer crime. The trial court denied Azar's motion, and a nonunanimous jury convicted him of those counts.

The Court of Appeals upheld the trial court's denial of Azar's motion for judgment of acquittal. The court concluded that Azar's conduct of selling stolen property on eBay constituted computer crime under ORS 164.377(2)(c). The court reasoned that "theft" as used in ORS 164.377(2)(c) encompasses each of the forms of theft described in ORS 164.015, including theft by receiving.

The Supreme Court of the State of Oregon reversed the decision of the Court of Appeals. The court concluded that the legislature did not intend for the computer crime statute to reach conduct such as Azar's, which may constitute "theft" within the meaning of the Criminal Code but neither interferes with another’s protected interests in a computer, computer system, or computer network nor depends on computer technology as the means of gaining access to the thing that the person seeks to unlawfully obtain. The court held that the trial court erred in denying Azar's motion for judgment of acquittal and remanded the case to the circuit court for further proceedings.

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