Child pornography and exploitation charges are serious because of the inherent bias that everyone holds toward these offenses. Judges, juries, prosecutors and sometimes even your defense attorney will hold bias or distaste toward you. Don't let these feelings influence your defense strategy or keep you from enforcing your rights. This particular individual, a 72-year-old man from Minnesota, was charged with and convicted on one count of possessing child pornography.
This was unusually harsh for a first-time possession offender. But, the man was charged and arrested while he was out on bond on an unrelated child-exploitation obscene material charge. In that case, he was arrested after he sent a short story depicting graphic sexual violence and exploitation against young children. He forwarded a copy of the short story to an undercover federal agent.
While out on bond for that charge, the assigned probation officer requested a search of his home. The search uncovered a collection of computers and other devices that were found to contain videos depicting acts of child exploitation.
Reportedly, the man had installed a forensic program that can "wipe" his computer's memory. However, he moved most of the video files onto a mobile video player. The charges were based on evidence found in the search.
If you are facing child pornography charges, then you may want to speak to an attorney as soon as possible. As demonstrated above, you can face decades behind bars for these offenses. There is great variation in the punishment you can face, which means that your fate is often tied to the ambition of the attorney assigned your case. A defense attorney can work to protect your rights and help ensure you receive fair treatment from the legal system.
Source: Department of Justice, "Repeat Offender Sentenced to 121 Months for Possession of Child Pornography," Mar. 25, 2016.