Houston man sentenced under harsh regime of child pornography penalties
Are the sanctions for child porn under Texas and Federal law getting unreasonably severe?
April 16, 2013
In Texas, child pornography charges are taken very, very seriously by prosecutors and police officers. One Houston man recently learned this the hard way, and now faces the harsh reality of prison.Sentence imposes 52 years of sanctions
On April 8, Guy Brogdon of Houston was sentenced on two counts of producing child pornography and one count of possessing child pornography. Purportedly, Brogdon had taken suggestive photographs of two young girls.
Brogdon pleaded guilty back in December. Often, a guilty plea is made in exchange for prosecutorial leniency. In this case, however, the sentence was anything but lenient: Brogdon was sentenced to 27 years on the production charges and 10 years on the possession charges. In addition, the court ordered restitution.
The sentences will run concurrently, meaning that the shorter term is folded into the longer one and served at the same time; Brogdon will not face more than 27 years in prison. Even so, once he is released from prison, he will be on supervised release for 25 years and will be required to register as a sex offender.
Brogdon was 34 at the time of sentencing; if his entire sentence runs its full course and he exceeds the average life expectancy, he will be under the direct supervision of the criminal justice system until he is 86 years old. Even if he completes his sentence, he would be branded with the status of being a registered sex offender.
Texas law and federal law both harsh on child pornography
Possessing and distributing child pornography are crimes under both federal and Texas law. To implicate federal law, an offense must involve an element of interstate or foreign commerce -- not a difficult bar to clear in the digital age when electronic media are readily bounced to servers across state lines. A suspect can be charged under federal law, state law or both.
Under Texas law, possessing child pornography is a third degree felony, which carries a penalty of two to 10 years in state prison and/or a fine of up to $10,000. Possessing child pornography with an intent to promote or distribute it is a second degree felony, which carries a two to 20 year prison sentence and/or a fine of no more than $10,000. In Texas, if six or more identical visual sexual depictions of a child are found, it creates a presumption that the defendant intended to promote the materials.
Federal law can be even harsher when it comes to child pornography. For example, a first time offender convicted of transporting child pornography in interstate or foreign commerce (which could be as simple as driving across state lines with a laptop that contains illicit images) face a statutory minimum 5 year prison sentence that can be increased at the court's discretion up to 20 years, as well as fines. If there were aggravating circumstances, like the defendant had prior convictions, the images depicted violent or sadistic behavior, or the minor was sexually abused, the sentence can be substantially enhanced, up to life imprisonment.
Some experts says child porn penalties should be lowered
Are child pornography penalties too severe? Some legal experts are beginning to think so. A 2010 survey of federal judges conducted by the U.S. Sentencing Commission found that 70 percent thought the proposed sentencing ranges for possession and receipt of child pornography were too high.
In fact, child pornography offenses can be punished more harshly than offenses that actually involve the firsthand abuse of a child. Testimony before the Sentencing Commission revealed that the average sentence for a federal child pornography offense in 2010 was six months higher than average sentence imposed on sexual abuse offenders. Only two crimes, murder and kidnapping, netted higher average sentences than child pornography charges in 2010.
It is difficult for lawmakers to reign in sentencing ranges, as they risk being labeled "soft on crime." If you've been charged with a child pornography crime, you likely won't get help from Congress. But, you will benefit from a strong legal defense, the only way to fight the lengthy prison term you are potentially facing. If you've been accused of a child pornography offense, contact a criminal defense attorney today.
Article provided by The Law Offices of Tad Nelson & Associates
Visit us at www.houston-criminallawyer.com