Posted by Curtis on 4/07/05

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This is the law I am referring to :

847.0138 Transmission of material harmful to minors to a
minor by electronic device or equipment prohibited;
penalties.--

(1) For purposes of this section:

(a) "Known by the defendant to be a minor" means that the
defendant had actual knowledge or believed that the
recipient of the communication was a minor.

(b) "Transmit" means to send to a specific individual
known by the defendant to be a minor via electronic mail.

(2) Notwithstanding ss. 847.012 and 847.0133, any person
in this state who knew or believed that he or she was
transmitting an image, information, or data that is
harmful to minors, as defined in s. 847.001, to a specific
individual known by the defendant to be a minor in this
state commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Notwithstanding ss. 847.012 and 847.0133, any person
in any jurisdiction other than this state who knew or
believed that he or she was transmitting an image,
information, or data that is harmful to minors, as defined
in s. 847.001, to a specific individual known by the
defendant to be a minor in this state commits a felony of
the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.

History.--s. 5, ch. 2001-54.

No civil rights organizations attempted to contest this
legislation when it was passed in 2001 and at that time
the FL. chapter of the ACLU published a press release
opposing Senate Bill 144 , my case was the first one
prosecuted in the florida , at the time of my arrest I was
a webmaster and helped maintain many FREE websites with
Alternative sexual practices, ie. Role-playing ,
Bestiality messages boards etc. everything I was involved
in was ALL CYBERSPACE activities , as you could imagine
the Anti Porn Activists constantly was attacking me and
our members, about Feb. 2001 I got tired of all the
hassles and quit participating as a webmaster and like
many other people just got bored with all the Cybersex and
stuff you understand like many people it was just a phase
alot of people go through , But nobody in our clubs was
involved in Child Porn , about march a person that was
probably one of the Anti Porn Activist's hackers that I
had been at war with managed to find out about me from
some non-porn relater Internet business discussions I did
via newsgroups and posted and emailed a story about a
15y/o girls having sexual activity with her Dog and made
it look like my legitimate business email address I used
was trying to recruit young girls to have illegal sexual
activities, and posing as a concerned parent mailed a
formal letter to Governor Jeb Bush , and investigation was
started by FDLE and once I was located by my newsgroup
post the Jacksonville Vice Detectives targeted me in a
Child Porn investigation, on Oct. 30 2001 during a chat-
room session , I received a forwarded email from one of
the old Cybersex web sites, it was a girl age 13 asking
about that story about the girls and her dog , right away
I knew it was a Anti Porn hacker or Cybercop because after
years of Cyberspace activities and dealing with Anti porn
Hackers you can bust a POSER as we call them in a flat
minute, well during our chatroom conversation she could
not get me to try to solicit sex from her so she ask me to
call her for phonesex when she posted her phone # in was a
Local # which was very unusual , when I called I told the
woman that sounded 30 y/o to stop playing and hung up on
her, some other people in the chat-room call her to
according to the states evidence ie. caller ID , two
weeks later a search warrant was served on my home and all
they basicly wanted was my computer, I was told I was
charged with sending that Story about the girl and her dog
and was arrested , the press release was HUGE for a simple
Internet case it was publicized as a Child Porn arrest ,
and at on time did the press ever mention Senate Bill 144
and the new law, my bond was set at $100.000, my parents
hired a family attorney and from the very start he said
the state had me by the balls , finally after two weeks
when no Child Porn was found and the Detectives had
questioned every child I could have possibly been around
and could not get nothing o5there to charge me with the
State filed information charging me with 1 count of Fl.
Statute "847.0138" , during the next 4 months at every
pretrial hearing when I seen my attorney he said I was
screwed and was going to prison one way or another,
finally I made my attorney set up a meeting so I could
partiapate in Discovery and see the evidence against me,
on Apr. 9 2002 I was brought from jail to state attorneys
office there I meet with my attorney and the prosecutor in
my case I was showed the Story I have mentioned and thats
all , the next day at our last pretrial hearing my
attorney said I had to take the plea or be looking at
getting charged with every person the Story was sent to,
so I pled guilty and was sentenced to 42 months prison and
18 months house-arrest , the state said on the record at
sentencing that I was not going to be a sexual offender
and this crime was not a sex offence, because from the
very beginning I told my attorney I would go to trial
before I would admit to a sex crime, , after I got to
prison I started talking to some law clerks and also found
out the I indeed was sentenced as a sex offender , I sent
a letter to my attorney asking if I could appeal I wanted
to, after no response for months my parents said his
repersentation in case was over , so after having to make
a FL. Bar complaint on my attorney to get my records I
discovered that the Story I mentioned was not what my
charging information was based on , one of the vice
detectives swore in an affidavit that I sent him a "MPEG"
movie file through the chat-room program during or chat-
room conversation I mentioned , I hired an attorney that
was referred from ACLU FL. to file a motion for leave to
file a belated appeal , because my 2 year time limit had
passed which is when you can file a post conviction
motion , trial court denied , had my attorney order the
state attorney file with a public records request , just
received it and found a Disk that the state attorney
office has the so called "MPEG" file that was sent to
minor but it was somehow corrupted and was not
recoverable, I plan and am diligently seeking some case
law from other states for persuasive authority in a motion
based on a Newly Discovered evidence claim citing
a "Brady" violation and a Discovery violation
under "Richardson v. State of Fl. ,, this is my case
situation , sorry so long a letter but this has never
happened in Fl. before ,,,

Due Process violation or Entrapment in this caes ?, 4/07/05, by Curtis.

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