A US Marshall is behind bars, facing up to 20 years in prison after being caught photographing women in a dressing room at a North Dakota mall. The arrest led to the discovery of child pornography on his home computer. It is believed that Michael Rivera, who had only been a US Marshall for a year before being arrested, had similarly spied on women in at least four states.
Rivera was initially accused of recording a 16-year-old girl at a Target store in Bismark, North Dakota. According to the complaint, Rivera used his cell phone to record women in the dressing rooms of various stores around Bismark. The arrest affidavit indicates 19 separate victims whose ages ranged from 12 to 33. According to Assistant State Attorney, “This isn’t just a couple of pictures. It appears wherever he goes, he does behavior like this.” Rivera was immediately suspended without pay pending additional action.
While the charges stem from his behavior in Bismark, there are additional allegations that Rivera had been doing the same thing for at least 3 years. He is accused of spying on girls and women at various stores in Chicago, Jacksonville, Miami, Brunswick Georgia, and Minneapolis. No information is available on these allegations, however, it is likely more charges will arise in those states.
The child pornography charges stemmed from images found on Rivera’s laptop. The images were described as sexually exploitative and according to reports, police found hundreds of explicit images of children. The charges surrounding the child pornography were six counts of attempting to promote a sexual performance by a minor, four counts of promoting sexual performance by a minor, one count of possession of prohibited materials, six counts of surreptitious intrusion, one count of creation or possession of sexually expressive image and two counts of attempting to create or possess a sexually expressive image. Rivera has been set a $150,000 bond. Of course, Rivera’s lawyer attempted to have his bond reduced, citing potential treatment of Rivera by other prisoners, based on the charges he is facing. The judge didn’t go for it.
Sexual crimes by police are a growing statistic. Police are seemingly involved in as many sex crimes each year as they are with on-the-job shootings. Rivera is just one of hundreds of reported cases of sexual misconduct by police. After a while, one really needs to question if there is a relationship between the need to dominate people, either sexually or using violence, and the profession of police work itself.
Sources: Bismarck Tribune.
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For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
http://www.justice.gov/crt/about/crm/242fin.php