- 08 Mar 2022 09:22
#15216697
Do any of you find this prison sentence to be excessive?
A man was sentenced to 20 years in prison because police found pictures of child pornography in his mobile phone, and because he inappropriately touched a 10 year old girl. 5 years before police discovered the pictures, the girl had been at a pool party at the man's house. He picked her up to throw her into the pool water, but when he held her he used his hand and cupped it between her legs to throw her. He did this ignoring several requests to stop.
Police found thousands of images of nude children who appeared to be under the age of 18 on the man's mobile phone.
This man obviously has some severe issues and perversion problems, but is this prison sentence really appropriate and fair?
The inappropriate touching of the girl at the pool party is wrong and kind of cringe-worthy, and perhaps the man should be punished for that, but it does not seem like the obvious type of sexual assault that is anywhere close to rape. I think that act alone could only justify 9 months in prison at the very maximum (but probably much less).
I think mainly he is not being punished for that. Rather that act is just being used as insight into his character and confirmational additional evidence that he actually put those pictures on his phone. Perhaps the judge was thinking this actual physical behavior is suggestive that he might physically act on his perverse fantasies.
The man was sentenced to a minimum of 20 years. Meaning he could end up spending even more time in prison.
But back to the details of the pictures. In the mobile phone in electronic storage police found 27,781 photos of prepubescent children engaged in a sexual act and or posed nude, and 5,897 videos of children in various stages of nudity or engaged in sexual acts with adults or other children. Law enforcement was able to identify 10,719 children under the age of 18 in the images and 1,440 in the videos. Victims in the pictures were from Indiana, Georgia, Washington, Switzerland, Russia and Ukraine.
Sounds awful. But how responsible is this man for those children being victimized?
That seems to be a difficult moral question for us. Is he in some way responsible for what happened to those children? Should he be held responsible? Was he further victimizing those children by being one of hundreds of people who viewed their pictures in compromising sexual acts?
I think on top of that there's also the worry over burden of evidence here. That could be another issue. Yes, in this story the man admitted to the court that he had a problem and pleaded guilty to all charges. But wouldn't it be very easy to plant evidence on someone's mobile phone to frame a person of a crime? This isn't even something physical, it is electronic data. There is the possibility someone far away in a distant part of the world could use hacking techniques to move electronic data files into your phone. You might not even realize the pictures have been placed there.
Does anyone else see a problem with putting people in prison for 20 years for having what amounts to electronic data, that has been criminalized, in their electronic devices?
The name of the accused is Christopher Livingston, from North Baltimore. The judge was Joel Kuhlman.
"Pure evil": N. Baltimore man going to prison for child porn, by Marie Thomas-Baird, Sentinel-Tribune, March 6, 2022.
A man was sentenced to 20 years in prison because police found pictures of child pornography in his mobile phone, and because he inappropriately touched a 10 year old girl. 5 years before police discovered the pictures, the girl had been at a pool party at the man's house. He picked her up to throw her into the pool water, but when he held her he used his hand and cupped it between her legs to throw her. He did this ignoring several requests to stop.
Police found thousands of images of nude children who appeared to be under the age of 18 on the man's mobile phone.
This man obviously has some severe issues and perversion problems, but is this prison sentence really appropriate and fair?
The inappropriate touching of the girl at the pool party is wrong and kind of cringe-worthy, and perhaps the man should be punished for that, but it does not seem like the obvious type of sexual assault that is anywhere close to rape. I think that act alone could only justify 9 months in prison at the very maximum (but probably much less).
I think mainly he is not being punished for that. Rather that act is just being used as insight into his character and confirmational additional evidence that he actually put those pictures on his phone. Perhaps the judge was thinking this actual physical behavior is suggestive that he might physically act on his perverse fantasies.
The man was sentenced to a minimum of 20 years. Meaning he could end up spending even more time in prison.
But back to the details of the pictures. In the mobile phone in electronic storage police found 27,781 photos of prepubescent children engaged in a sexual act and or posed nude, and 5,897 videos of children in various stages of nudity or engaged in sexual acts with adults or other children. Law enforcement was able to identify 10,719 children under the age of 18 in the images and 1,440 in the videos. Victims in the pictures were from Indiana, Georgia, Washington, Switzerland, Russia and Ukraine.
Sounds awful. But how responsible is this man for those children being victimized?
That seems to be a difficult moral question for us. Is he in some way responsible for what happened to those children? Should he be held responsible? Was he further victimizing those children by being one of hundreds of people who viewed their pictures in compromising sexual acts?
I think on top of that there's also the worry over burden of evidence here. That could be another issue. Yes, in this story the man admitted to the court that he had a problem and pleaded guilty to all charges. But wouldn't it be very easy to plant evidence on someone's mobile phone to frame a person of a crime? This isn't even something physical, it is electronic data. There is the possibility someone far away in a distant part of the world could use hacking techniques to move electronic data files into your phone. You might not even realize the pictures have been placed there.
Does anyone else see a problem with putting people in prison for 20 years for having what amounts to electronic data, that has been criminalized, in their electronic devices?
The name of the accused is Christopher Livingston, from North Baltimore. The judge was Joel Kuhlman.
"Pure evil": N. Baltimore man going to prison for child porn, by Marie Thomas-Baird, Sentinel-Tribune, March 6, 2022.