Fort Lauderdale Criminal Attorney Blog
For sex and sexual contact with two 17-year-old girls, a 30-year-old former Army recruiter will serve 12 years in federal prison, following a plea agreement for which child pornography charges were dropped. 
Jose Nieves Jr., from Sunrise, pleaded guilty to two counts of enticing a child to engage in sexual activity. Per 18 U.S. Code 2422, coercion and enticement, any person who persuades, induces, entices or coerces anyone to travel interstate to engage in any sexual activity (including prostitution) can be charged with this offense, for which the minimum penalty is 10 years and the maximum is 12 years.
However, by agreeing to plead guilty to these charges, he was able to evade conviction on the production of child pornography charge, as codified in 18 U.S.C. 2251, sexual exploitation of children. This statute punishes anyone who entices a minor into sexual conduct for purposes of producing visual depictions of such conduct to between 10 years and life in prison. Continue reading
