Child Pornography and the Punishment

Child Pornography and Punishment

Child Pornography is a hideous act. So why does the punishment not fit the crime? The simple answer is, in most cases the punishment does fit the crime, in most cases. In this article, we will look at three states, plus the federal law. We will be looking at the punishment for child pornography in Michigan, Texas, and Colorado. You will not believe what we found, when we get to Colorado. However, in many cases, it just depends on who is prosecuting the case, the state, or the federal courts.
Child Pornography, According to the Department of Justice:
The First Amendment does not protect images of child pornography, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor.
The legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive.
It is illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct.
A first time offender convicted of producing child pornography, faces fines and a statutory minimum of 15 to 30 years in prison.
The punishment is harsher for those with more than one conviction, and those who transport across state lines or international borders. In the case of transporting, this includes mail and internet. It is important to note, prosecution under state laws in addition to federal laws can happen.
Sex crimes involving the internet are rising every year. Predators are using various ways to hide themselves. In 2008, there were 1,536 child sexual abuse domains on the internet. The United States accounted for 58 percent of these. Child Pornography is a $3 billion industry.
Child Pornography Punishment by the States

The types of punishment for those who possesses, or produced child pornography varies from state to state.
Michigan Punishment
Anyone who knowingly possesses child pornography is guilty of a felony. This person is facing a jail sentence of up to 4 years, or a fine of up to $10,000.
Any person, who distributes, promotes, finances the distribution or promotion of child sexually abusive material, and is guilty. This is punishable of up to 7 years or a fine of up to $50,000.
Any person who persuades, coerces, or knowingly allows a child to engage in sexually abusive activity with the intention of making pornographic , or produces, makes, or finances such material is subject to a prison sentence of up to 20 years or a fine of $100,000.
These laws and punishment are part of the Michigan Penal Code (750.145c).
Before we continue, we must look at the wording. In all the sentencing guidelines, we see these words:
‘up to’,
‘possesses’,
‘distributes, promotes, or finances’,
‘persuades, coerces, or knowingly allows’
In reality, a normal person would never possess, finance, promote, or distribute any of this type of material.
The term ‘up to’, seriously, this is not a punishment; it is an insignificant punishment.
‘Possesses’. When in reality does one not knowingly possess child pornography? The person that has child porn knows it.
‘Distributes, promotes, or finances’. Anyone who has received or sent images is guilty. Knowingly sending an image over the internet to someone who will resell the image is financing.
‘Persuades, coerces, or knowingly allows’. Online predators persuade and coerce our children every day online. By doing so, they allow the abuse of our children to continue.
Texas Punishment
The state of Texas and the Federal Government prohibit the use, promotion, and exploitation of a minor.
Employing a minor for sexual performances or conduct is punishable by 2–20 years.
If the child is under the age of 14, the punishment is 5–99 years.
If an individual has six or more images, the presumption of intent to distribute is applied.
Texas will also, enhance the punishment accordingly. In some cases Texas can and will make the case aggravated thus raising prison time.
Colorado Punishment
The punishment under the laws of Colorado, seem to be, decent, yet very relaxed at the same time. Colorado seems to favor treatment over prison terms. Colorado does not require a prison term for those found guilty of creating child porn. (Read Here) Yes, you read the correct.
In two such cases, we can see the stark difference in how punishment. One man convicted for having child pornography on DVD’s and multiple computers in his home. His sentence was to serve eight years in federal prison.
The other man had a collection that included, videos of children being raped and abused. His sentence, three years in community corrections, even though he had a prior arrest for touching a 12-year old inappropriately.
Accordingly, since 2008, child pornography convictions have tripled in the Colorado state courts. Alarmingly, the percent of those sentenced to prison has dropped from 56 percent to 40 percent.
From a Lawyers Point of View
Clearly, child pornography is a serious crime. The focus of prison-based punishment should be that of drugs offenses. Punish the creators and not the addict. On this particular attorney’s website, it states that, there are no conclusive studies. That establishes a causal link between viewing or possessing child pornography and crimes against children. One other item I found of interest from this site. ‘The ease of downloading and sharing massive amounts of information makes it easier to view child pornography. This has happened by invading computers with “pop-ups”. This has created a larger pool of child porn addicts.’
I will agree that there are plenty of sites to download material or share material. However in over 20 years of Internet use I have never a ‘pop-up’ that advertised child pornography.
I have read and reread what this site has to say. My conclusion is, with the attitude of this particular attorney, I can see why the state laws are so lax. First, there is a link between viewing, possessing child pornography and crimes against children. This link is not a causal link it is the link. To possess or view it is a crime that is abusive to children. How you can say that there is no link between the two? As far as treating the person as an addict, addicts can and do get treatment in prison. The punishment for these people is prison, not a hug and slap on the hand.
Conclusion

It is true I am not an expert of the justice system or physiology. There needs to be harsher penalties. Some would say I am wrong and these predators and viewers of child pornography should receive treatment instead of punishment. It does not take an expert to understand what they did or do is an act of a monster. My personal opinion is the only treatment is to cut their hands off, castrate them, and remove their eyes.
We all have to agree that child pornography is a terrible crime. We do not have to be a parent or grandparent to agree. Whatever the reason, why people chose to watch or make these types of images is beyond anything we can image.
As a society we cannot condone, what seems to be lax punishment when it comes to this issue. These people prey on our children. Use our children for sexual purposes to make money. We must petition our states to adopt harsher penalties. At the same time, maybe we should petition the federal government to hold back federal funds from the states that refuse to adopt stricter laws.
Some states will argue they do not have the funds to lock up these people for extended periods. Well the punishment must fit the crime. Old army tents are a good start. One could argue that living in an old tent, with no television and only cold showers, is cruel and inhumane.
Therefore, might I remind you that what these people did is not humane? What they do is far from a hug, kisses on the cheek, and tucked in at night. The crime is child pornography and punishment must fit the crime.
Furthermore:
We must act as one society and not individuals in order to fight this issue. The time has come for all of us to act together to stop child pornography and increase the punishment.
To help fight online predators, raise awareness about child pornography and fight for harsher punishment, please visit us here.