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Child Pornography: Cases
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Of the 62 cases dealt with in the local court for the offence of possessing child pornography, 30 were convicted and placed on a bond. This result represented the largest proportion (48 per cent) of cases overall... fewer than half of these (13 cases) were subject to supervision as a condition of the bond.Various full-time and alternative custodial options were imposed in 27 cases (43 per cent). The largest number of these were suspended sentences handed down in nine cases. Eight cases (13 per cent) received a full-time custodial sentence ranging from three months to 18 months (median nine months, mode six months). In five cases, offenders were required to perform community service. Other alternatives to full-time custodial sentences were imposed in four cases, such as periodic and home detention orders.
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The prosecutor told the Court, that had the case proceeded to trial, the evidence would have shown that in 2004, a German reporter videotaped himself gaining access to a child pornography website utilizing an Internet payment company to gain access. Upon notifying the Internet payment company, company investigators identified the account receiving the payment as belonging to an individual in Canton, Michigan. The company’s investigators notified the FBI in Michigan which conducted an investigation that revealed that the Michigan resident had created a paid child pornography website. The investigation further revealed that one of the individuals purchasing access to the website was DIMASCIO.
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In the 1990 case Osborne v. Ohio, the high court ruled that a state could punish even the private possession and viewing of child pornography. The defendant argued that the state was punishing a thought crime, but the majority of the Court disagreed. “Rather, Ohio has enacted … [the law] … in order to protect the victims of child pornography; it hopes to destroy a market for the exploitative use of children.”
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Unlike other crimes, you enter into a child pornography case with an unfair presumption of guilt. To combat the stigma, you need an experienced criminal defense attorney. As a Certified Criminal Law Specialist in the State of Arizona, lawyer Howard Snader has over twenty years of experience dealing with child pornography charges.
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In the 1982 case New York v. Ferber, the U.S. Supreme Court upheld a New York state statute banning child pornography. This case set a legal precedent that determined, among other things, that child pornography was not required to meet the test for obscenity in order to be banned. Delivering the unanimous decision of the Court, Justice Byron White wrote the following:
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Of the 11 cases dealt with for the offence of publishing child pornography, five were placed on a bond following conviction. This result represented the largest proportion (45 per cent) of cases dealt with for this offence. However, fewer than half of these (two cases) were subject to supervision as a condition of the bond.
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