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Date: 06-07-2021
Case Style:
Case Number: 3:20-cr-00076-DRL-MGG
Judge: Damon Leichty
Court: United States District Court for the Northern District of Indiana (St. Joseph County)
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
Description: South Bend, Indiana human trafficking of a minor charge criminal defense lawyer represented Defendant, Khalil Jackson, age 25, of Elkhart, Indiana, was convicted following a jury trial.
The jury found Jackson guilty of various federal charges arising out of conduct involving human trafficking of a minor victim: specifically, Count 1, sex trafficking of a minor, Count 2, production of child pornography, Count 3, transportation of child pornography, Count 4, possession of child pornography, and Count 5, cyberstalking.
This case was investigated by the Federal Bureau of Investigation with the assistance of the St. Joseph County Police Department and Elkhart Police Department. This case was prosecuted by Assistant United States Attorneys John Maciejczyk, Kim Schultz and Joel Gabrielse.
18:1591(a) SEX TRAFFICKING OF MINORS
(1-2)
18:1591(a) SEX TRAFFICKING OF A MINOR
(1s)
18:1591(a)(1), (b)(1), and (b)(2) SEX TRAFFICKING OF MINORS
(1ss)
§1591. Sex trafficking of children or by force, fraud, or coercion
(a) Whoever knowingly—
(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, or maintains by any means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1),
knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b).
(b) The punishment for an offense under subsection (a) is—
(1) if the offense was effected by means of force, threats of force, fraud, or coercion described in subsection (e)(2), or by any combination of such means, or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years at the time of such offense, by a fine under this title and imprisonment for any term of years not less than 15 or for life; or
(2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, or obtained had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title and imprisonment for not less than 10 years or for life.
(c) In a prosecution under subsection (a)(1) in which the defendant had a reasonable opportunity to observe the person so recruited, enticed, harbored, transported, provided, obtained or maintained, the Government need not prove that the defendant knew that the person had not attained the age of 18 years.
(d) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be fined under this title, imprisoned for a term not to exceed 20 years, or both.
(e) In this section:
(1) The term “abuse or threatened abuse of law or legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) The term “coercion” means—
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of law or the legal process.
(3) The term “commercial sex act” means any sex act, on account of which anything of value is given to or received by any person.
(4) The term “serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing commercial sexual activity in order to avoid incurring that harm.
(5) The term “venture” means any group of two or more individuals associated in fact, whether or not a legal entity.
18:2251(a) PRODUCTION OF CHILD PORNOGRAPHY, AND FORFEITURE
(2s)
18:2251(a) PRODUCTION OF CHILD PORNOGRAPHY AND FORFEITURE ALLEGATION
(2ss)
18:2251(a) PRODUCTION OF CHILD PORNOGRAPHY AND FORFEITURE ALLEGATION
(3)
18:2252(a)(1) TRANSPORTATION OF CHILD PORNOGRAPHY, AND FORFEITURE
(3s)
18:2252(a)(1) TRANSPORTATION OF CHILD PORNOGRAPHY AND FORFEITURE ALLEGATION
(3ss)
18:2252(a)(1) TRANSPORTATION OF CHILD PORNOGRAPHY AND FORFEITURE ALLEGATION
(4)
18:2252(a)(4)(B) POSSESSION OF CHILD PORNOGRAPHY, AND FORFEITURE
(4s)
18:2252(a)(4)(B) POSSESSION OF CHILD PORNOGRAPHY AND FORFEITURE ALLEGATION
(4ss)
18:2261(A)(2) and 2261(b) STALKING
(5)
18:2261A(2) and 2261(b) STALKING
(5s)
18:2261(A)(2) and 2261(b) STALKING
(5ss)
Outcome: 06/04/2021 92 ORDER FOR JURY MEALS as to Khalil M Jackson. Signed by Judge Damon R Leichty on 6/4/21. (dk) (Entered: 06/04/2021)
06/04/2021 93 Final Jury Instructions as to Khalil M Jackson (dk) (Entered: 06/04/2021)
06/04/2021 94 JURY TRIAL (Day 4-Final Day) as to Khalil M Jackson held on 6/4/2021 before Judge Damon R Leichty. Govt appeared by attys Schultz, Gabrielse. Dft appeared with atty Frankel. The court handles preliminary matters with the parties. Jurors present. Closing arguments heard. Final instructions read to jury. Jurors excused. Defense renews Rule 29 motion. Motion DENIED. Deliberations begin. Jury returns GUILTY verdict on all five counts of the Indictment. Jurors excused. Defendant is referred to U.S. Probation for preparation of a presentence investigation report. Sentencing set for 9/20/2021 01:30 PM (EDT) in US District Court - South Bend before Judge Damon R Leichty. Sentencing Memoranda and motions related to sentencing due by 9/8/21. Defense to file motion for new trial within 45 days. Defendant REMANDED to custody of US Marshal. (Court Reporter D. Bonk.) (dk) (Entered: 06/04/2021)
06/04/2021 95 JURY VERDICT as to Khalil M Jackson; GUILTY on all Counts. (dk) (Entered: 06/04/2021)
06/04/2021 96 WITNESS LIST/EXHIBIT LIST as to Khalil M Jackson; Jury Trial (dk) (Entered: 06/04/2021)
06/04/2021 97 Jury Notes as to Khalil M Jackson (dk) (Entered: 06/04/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: