United States of America v. Donald Dorosheff

Springfield, Illinois criminal defense lawyer represented the Defendant charged with possession of child porn.



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The federal "Take It Down Act" addresses non-consensual sharing of intimate images and computer-generated deepfakes. It establishes civil and criminal penalties for publishing or threatening to share such content. Platforms are required to remove covered content within 48 hours of a request and implement measures to prevent re-uploading.

Key Provisions:



Scope:

The law covers both authentic intimate visual depictions and computer-generated images of identifiable individuals.

Consent:

Consent to create the image is not a defense against prosecution for sharing it without consent.

Penalties:

Violators face up to two years in prison for sharing content depicting adults, and up to three years for sharing content depicting minors.

Platform Responsibilities:

Online platforms are required to remove flagged content within 48 hours of notification and implement measures to prevent reposting.

Exemptions:

Good faith disclosures for legal, law enforcement, or medical purposes are exempt from prosecution.

Identifiable Individual:

The law defines "identifiable individual" as someone whose face, likeness, or other distinguishing characteristic is displayed in the image.



In essence, the Take It Down Act aims to protect individuals from the harms of revenge porn and the non-consensual distribution of intimate images, including deepfakes, by imposing penalties on violators and requiring platforms to take action to remove such content

Defendant sentenced to imprisonment of 84 months on each of Counts 1 and 2 and merged Counts 3 and 4, all to run concurrently; 10 year term of Supervised Release imposed on each of Counts 1 and 2 and merged Counts 3 and 4; restitution in the amount of $12,500; and $300 special assessment. Forfeiture ordered.