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Description: Dallas, Texas criminal lawyer represented Defendant charged with possession of child pornography.

Mark Anthony Rodriguez, 56, of San Antonio, was indicted on three counts of activities material to or constituting child
pornography in violation of 18 USC 2252, which provides:

(a) Any person who—
(1) knowingly mails, or transports or ships
using any means or facility of interstate or
foreign commerce or in or affecting interstate
or foreign commerce by any means, including
by computer, any child pornography;
(2) knowingly receives or distributes—
(A) any child pornography that has been
mailed, or using any means or facility of
interstate or foreign commerce shipped or
transported in or affecting interstate or for-
eign commerce by any means, including by
computer; or
(B) any material that contains child por-
nography that has been mailed, or using any
means or facility of interstate or foreign
commerce shipped or transported in or af-
fecting interstate or foreign commerce by
any means, including by computer;
(3) knowingly—
(A) reproduces any child pornography for
distribution through the mails, or using any
means or facility of interstate or foreign
commerce or in or affecting interstate or
foreign commerce by any means, including
by computer; or
(B) advertises, promotes, presents, distrib-
utes, or solicits through the mails, or using
any means or facility of interstate or foreign
commerce or in or affecting interstate or
foreign commerce by any means, including
by computer, any material or purported ma-
terial in a manner that reflects the belief, or
that is intended to cause another to believe,
that the material or purported material is,
or contains—
(i) an obscene visual depiction of a minor
engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor
engaging in sexually explicit conduct;
(4) either—
(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or
otherwise used by or under the control of the
United States Government, or in the Indian
country (as defined in section 1151), know-
ingly sells or possesses with the intent to
sell any child pornography; or
(B) knowingly sells or possesses with the
intent to sell any child pornography that
has been mailed, or shipped or transported
using any means or facility of interstate or
foreign commerce or in or affecting inter-
state or foreign commerce by any means, in-
cluding by computer, or that was produced
using materials that have been mailed, or
shipped or transported in or affecting inter-
state or foreign commerce by any means, in-
cluding by computer;
(5) either—
(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or
otherwise used by or under the control of the
United States Government, or in the Indian
country (as defined in section 1151), know-
ingly possesses, or knowingly accesses with
intent to view, any book, magazine, periodi-
cal, film, videotape, computer disk, or any
other material that contains an image of
child pornography; or
(B) knowingly possesses, or knowingly ac-
cesses with intent to view, any book, maga-
zine, periodical, film, videotape, computer
disk, or any other material that contains an
image of child pornography that has been
mailed, or shipped or transported using any
means or facility of interstate or foreign
commerce or in or affecting interstate or
foreign commerce by any means, including
by computer, or that was produced using
materials that have been mailed, or shipped
or transported in or affecting interstate or
foreign commerce by any means, including
by computer;
(6) knowingly distributes, offers, sends, or
provides to a minor any visual depiction, in-
cluding any photograph, film, video, picture,
or computer generated image or picture,
whether made or produced by electronic, me-
chanical, or other means, where such visual
depiction is, or appears to be, of a minor en-
gaging in sexually explicit conduct—
(A) that has been mailed, shipped, or
transported using any means or facility of
interstate or foreign commerce or in or af-
fecting interstate or foreign commerce by
any means, including by computer;
(B) that was produced using materials that
have been mailed, shipped, or transported in
or affecting interstate or foreign commerce
by any means, including by computer; or
(C) which distribution, offer, sending, or
provision is accomplished using the mails or
any means or facility of interstate or foreign
commerce,
for purposes of inducing or persuading a minor
to participate in any activity that is illegal;
or
(7) knowingly produces with intent to dis-
tribute, or distributes, by any means, includ-
ing a computer, in or affecting interstate or
foreign commerce, child pornography that is
an adapted or modified depiction of an identi-
fiable minor.1
shall be punished as provided in subsection (b).
(b)(1) Whoever violates, or attempts or con-
spires to violate, paragraph (1), (2), (3), (4), or (6)
of subsection (a) shall be fined under this title
and imprisoned not less than 5 years and not
more than 20 years, but, if such person has a
prior conviction under this chapter, section 1591,
chapter 71, chapter 109A, or chapter 117, or under
section 920 of title 10 (article 120 of the Uniform
Code of Military Justice), or under the laws of
any State relating to aggravated sexual abuse,
sexual abuse, or abusive sexual conduct involv-
ing a minor or ward, or the production, posses-
sion, receipt, mailing, sale, distribution, ship-
ment, or transportation of child pornography, or
sex trafficking of children, such person shall be
fined under this title and imprisoned for not less
than 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires
to violate, subsection (a)(5) shall be fined under
this title or imprisoned not more than 10 years,
or both, but, if such person has a prior convic-
tion under this chapter, chapter 71, chapter
109A, or chapter 117, or under section 920 of title
10 (article 120 of the Uniform Code of Military
Justice), or under the laws of any State relating
to aggravated sexual abuse, sexual abuse, or
abusive sexual conduct involving a minor or
ward, or the production, possession, receipt,
mailing, sale, distribution, shipment, or trans-
portation of child pornography, such person
shall be fined under this title and imprisoned for
not less than 10 years nor more than 20 years.
(3) Whoever violates, or attempts or conspires
to violate, subsection (a)(7) shall be fined under
this title or imprisoned not more than 15 years,
or both.
(c) It shall be an affirmative defense to a
charge of violating paragraph (1), (2), (3)(A), (4),
or (5) of subsection (a) that—
(1)(A) the alleged child pornography was pro-
duced using an actual person or persons engag-
ing in sexually explicit conduct; and
(B) each such person was an adult at the
time the material was produced; or
(2) the alleged child pornography was not
produced using any actual minor or minors.
No affirmative defense under subsection (c)(2)
shall be available in any prosecution that in-
volves child pornography as described in section
2256(8)(C). A defendant may not assert an affirm-
ative defense to a charge of violating paragraph
(1), (2), (3)(A), (4), or (5) of subsection (a) unless,
within the time provided for filing pretrial mo-
tions or at such time prior to trial as the judge
may direct, but in no event later than 14 days
before the commencement of the trial, the de-
fendant provides the court and the United
States with notice of the intent to assert such
defense and the substance of any expert or other
specialized testimony or evidence upon which
the defendant intends to rely. If the defendant
fails to comply with this subsection, the court
shall, absent a finding of extraordinary circum-
stances that prevented timely compliance, pro-
hibit the defendant from asserting such defense
to a charge of violating paragraph (1), (2), (3)(A),
(4), or (5) of subsection (a) or presenting any evi-
dence for which the defendant has failed to pro-
vide proper and timely notice.
(d) AFFIRMATIVE DEFENSE.—It shall be an af-
firmative defense to a charge of violating sub-
section (a)(5) that the defendant—
(1) possessed less than three images of child
pornography; and
(2) promptly and in good faith, and without
retaining or allowing any person, other than a
law enforcement agency, to access any image
or copy thereof—
(A) took reasonable steps to destroy each
such image; or
(B) reported the matter to a law enforce-
ment agency and afforded that agency ac-
cess to each such image.
(e) ADMISSIBILITY OF EVIDENCE.—On motion of
the government, in any prosecution under this
chapter or section 1466A, except for good cause
shown, the name, address, social security num-
ber, or other nonphysical identifying informa-
tion, other than the age or approximate age, of
any minor who is depicted in any child pornog-
raphy shall not be admissible and may be re-
dacted from any otherwise admissible evidence,
and the jury shall be instructed, upon request of
the United States, that it can draw no inference
from the absence of such evidence in deciding
whether the child pornography depicts an actual
minor.
(f) CIVIL REMEDIES.—
(1) IN GENERAL.—Any person aggrieved by
reason of the conduct prohibited under sub-
section (a) or (b) or section 1466A may com-
mence a civil action for the relief set forth in
paragraph (2).
(2) RELIEF.—In any action commenced in ac-
cordance with paragraph (1), the court may
award appropriate relief, including—
(A) temporary, preliminary, or permanent
injunctive relief;
(B) compensatory and punitive damages;
and
(C) the costs of the civil action and reason-
able fees for attorneys and expert witnesses.
(g) CHILD EXPLOITATION ENTERPRISES.—
(1) Whoever engages in a child exploitation
enterprise shall be fined under this title and
imprisoned for any term of years not less than
20 or for life.
(2) A person engages in a child exploitation
enterprise for the purposes of this section if
the person violates section 1591, section 1201 if
the victim is a minor, or chapter 109A (involv-
ing a minor victim), 110 (except for sections
2257 and 2257A), or 117 (involving a minor vic-
tim), as a part of a series of felony violations
constituting three or more separate incidents
and involving more than one victim, and com-
mits those offenses in concert with three or
more other persons.

Assistant U.S. Attorney Tracy Thompson prosecuted the case.

Outcome: 08/22/2022 117 Sealed Document filed (Attachments: # 1 Exhibit A) (Aristotelidis, George) (Entered: 08/22/2022)
08/22/2022 118 SEALED MOTION filed (Aristotelidis, George) Modified on 8/22/2022 (rg). (Entered: 08/22/2022)
08/22/2022 Notice to Jorge Aristotelidis: Objections to the PreSentence Report are to be filed with the U.S. Probation Office and not the Office of the Clerk. (rg) (Entered: 08/22/2022)

Defendant was sentenced to 20 years in prison.

Plaintiff's Experts:

Defendant's Experts:

Comments: