Extradition from Hong Kong to the United States - Kenneth Freeman

Kenneth Freeman, a Seattle man who fled the country in 2006 after being charged with sexually assaulting his daughter, agreed on Monday to be extradited from Hong Kong.^[1] Freeman, a former bodybuilder and law enforcement officer, faces federal charges of child pornography video production and distribution and state charges in Washington State of sexual assault of a child and failure to appear.^[2]

Shortly after Freeman’s daughter appeared on national television to tell her story, the U.S. Marshal Service named Freeman to their “Most Wanted” list.^[3] After broadening their search to an international level, U.S. investigators confirmed that Freeman had fled to China and was residing in the city of Suzhou, near Shanghai.^[4]

Efforts to apprehend Freeman were hampered by the lack of an extradition agreement between the United States and China.^[5] Law enforcement officials were forced to wait until Freeman traveled to Hong Kong, where Hong Kong police arrested him as he crossed over the border from mainland China.^[6] Although a part of China, the former British colony of Hong Kong is governed separately and still retains an extradition agreement with the United States.^[7]

Freeman told a Hong Kong court that he has "voluntarily accepted extradition", believing it to be "in his best interests."^[8] Giles Surman, Freeman’s lawyer, said Freeman's consent to the extradition had "absolutely no bearing whatsoever on his innocence, he maintains his innocence".^[9] The U.S. Marshal Service must now wait for Hong Kong Chief Executive Donald Tsang to approve the extradition, a process likely to take between three and six weeks, before Freeman can be returned to the United States.^[10]

Extradition Agreement between the United States and Hong Kong

Extradition between the United States and Hong Kong is governed by the United States of America Hong Kong Agreement with Hong Kong for the Surrender of Fugitive Offenders.^[11] The treaty states in part that surrender of fugitive offenders shall be granted for an offense specifically described in the treaty in so far as it is according to the laws of both Parties that the offense is punishable by imprisonment or other form of detention for more than one year, or by a more severe penalty.^[12] Included in the enumerated offenses are ooffenses of a sexual nature, including rape, sexual assault, indecent assault, unlawful sexual acts upon children or persons with mental disabilities.^[13]

Production of Child Pornography

Production of Child Pornography is governed by U.S.C. 18 § 2251(a).^[14] The statute makes it a crime when any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, shall be punished if such person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.^[15]

Persons punished under this statute shall be fined under this title and imprisoned between 15 and 30 years.^[16] A person with a prior similar conviction shall be fined and imprisoned between 25 and 50 years.^[17] A person with two or more prior similar convictions shall be fined imprisoned between 35 years and life.^[18] If, in the course of an offense under this section, a person engages in conduct that results in the death of a person, punishment shall be by death or imprisonment for any term of years or for life.^[19]

Transportation of Child Pornography

Transportation of child pornography is governed by U.S.C. 18 § 2252(a)(1).^[20] The statute makes it a crime for any person who knowingly transports or ships in interstate or foreign commerce by any means including by computer or mails, any visual depiction, if (A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (B) such visual depiction is of such conduct.^[21]

Persons punished under this section of the statute shall be fined and imprisoned between 5 and 20 years.^[22] A person with a prior similar conviction shall be fined and imprisoned between 15 and 40 years.^[23]

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[1] Accused child rapist consents to extradition, Reuters Newswire, Sept. 10, 2007, available at LEXIS, News Library, Wire News Services File. [hereinafter Reuters]
[2] Seattle man accused of child rape agrees to extradition, Associated Press Newswire, Sept. 9, 2007, available at LEXIS, News Library, Wire News Services File. [hereinafter AP]
[3] Id.
[4] Reuters, supra note 1.
[5] Id.
[6] Id.
[7] AP, supra note 2.
[8] Reuters, supra note 1.
[9] Id.
[10] Id.
[11] S. Treaty Doc. No. 105-3, 1996 WL 799154(Treaty)
[12] Id.
[13] Id.
[14] 18 U.S.C. § 2251(a)
[15] Id.
[16] 18 U.S.C. § 2251(e)
[17] Id.
[18] Id.
[19] Id.
[20] 18 U.S.C. § 2252(a)(1)
[21] Id.
[22] 18 U.S.C. § 2252(b)
[23] Id.