Reply To: NARSOL fighting strict liability case in Ninth Circuit

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Lovecraft

Correct me if I am wrong, but couldnt this have far reaching implications for people that either were convicted or took pleas to online stings such as solicitation and CP cases? From what I have gathered, its seems it would and should because just about all these cases the state never had to prove intent (sexual or in the case of distribution via peer to peer networks that auto share files without knowingly consenting to sharing)

In november of 2016 the feds updated their federal sentencing guildlines for cp. Now in order to prove intent to distribute 2 factors have to be present. First an actual agreement between 1 party and a second party must have occurred. Secondly, the exchange must have actually occurred. So what this means is peer to peer networks that auto share files without ones knowledge can no longer be used for distribution convictions at the federal level. The guildelines are under sections 2g2.1,2g2.2, and 2g3.1 as clarifying admendments, which makes them automatically retroactive. I am hoping that between the federal updates and the may v ryan case these guidelines for cp distribution as well as other crimes like solicitation online will trickle down to state level and make the state prove intent.