- Joined
- Sep 6, 2017
Can you even do that on child porn charges? This isn’t a low level, state crime. This a full fledge csam case at a federal level, with likely multiple charges as he downloaded content several times. Each download I think is one count. I looked it up and found this tidbit:
Most defendants who are charged with Possession of CSAM are also charged with two other felonies: Distribution of Child Sexually Abusive Material (MCL 750.145c(3)) and Using a Computer to Commit a Crime (MCL 752.796). The “Distribution” charge carries a maximum sentence of 7 years in prison and a fine of $50,000.00, and is usually charged when the defendant is alleged to have obtained the materials through internet chat rooms or peer-to-peer networking. “Using a Computer to Commit a Crime” has a flexible maximum sentence, depending upon the underlying charge. In the context of a Possession of CSAM case, the maximum sentence for the “Using a Computer to Commit a Crime” charge is seven years. Significantly, in the event of a conviction, the court may order the sentence for this charge to be served consecutively.
Now I understand as a first time offender. The sentencing wouldn’t so harsh however I just don’t understand how several charges regarding csam could simply be pleaded down to community service. Has that happened before?
You are correct. Federal charges usually don’t lead to easy plea bargains of community service and probation.
There are some cases where each image, not just an instance of a download, are counted as one charge. So, if someone downloads a ZIP of 300 images, that could be 300 charges instead of one. It depends on the prosecutions.
The fact that DD is involved is going to make the prosecutors go hard, and they will likely hone in on this during the trial.
The glowies have a good report on sentencing patterns: https://www.ussc.gov/research/resea...ing-child-pornography-non-production-offenses
The average guideline minimum for non-production child pornography offenders increased from 98 months in fiscal year 2005 to 136 months in fiscal year 2019.
The average sentence increased more gradually, from 91 months in fiscal year 2005 to 103 months in fiscal year 2019.
Edit to add:
Specific Offense Characteristics
§2G2.2(b)(2)
Victim prepubescent or under 12
2-level increase
§2G2.2(b)(3)
Distribution of child pornography
2- to 7-level increase
§2G2.2(b)(4)
Sadistic or masochistic conduct or abuse of an infant or toddler
4-level increase
§2G2.2(b)(5)
Pattern of activity involving sexual abuse or exploitation
5-level increase
§2G2.2(b)(6)
Use of a computer
2-level increase
§2G2.2(b)(7)
Number of images
2-to 5-level increase
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