Jury Instructions

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Warren Siepman

Case No.: 23-2207

Officials: Scudder, St. Eve, and Pryor, Circuit Judges.

Focus: Jury Instructions

In late 2016, Homeland Security Investigations (HSI) agents began investigating individuals sharing child pornography over peer-to-peer file-sharing networks. Using proprietary software called “eMule,” HSI agents identified and downloaded child pornography files from Warren Siepman’s computer on three separate occasions between October 2016 and March 2017. The software operated automatically, searching for specific child pornography files and downloading them without human intervention. A forensic examination of Siepman’s hard drives revealed over one thousand child pornography files, and Siepman admitted to viewing and sharing these files on the network.

A grand jury indicted Siepman on three counts of transportation of child pornography and one count of possession of child pornography. The case proceeded to trial in the Northern District of Illinois, where the jury was instructed on the elements of the transportation charge. The court also provided an additional instruction defining “transports” in the context of peer-to-peer file sharing, which Siepman objected to. The jury found Siepman guilty on all counts. Siepman moved for a judgment of acquittal or a new trial, arguing that the court’s instruction was erroneous and that the evidence was insufficient. The district court denied the motion, finding the instruction accurate and the evidence sufficient.

The Seventh Circuit affirmed the district court’s decision. The court held that the instruction accurately reflected the law, stating that making files available for download on a peer-to-peer network constitutes “transportation” under federal law. The court also found that the automated software’s involvement did not negate the fact that an individual ultimately facilitated the download. The convictions were affirmed.

Affirmed.

Decided 07/11/24

Full Text