@BillRM,
Quote:minimum sentence for having child porn pictures under Federal law is four years!!!!!!!
Sorry but the punishment should fit the crime and in the case of having child porn it clearly does not.
That's because
you do not see possession of child pornography as a serious crime. That's your problem.
You also wear your ignorance like a badge of honor.
In the case we are discussing, which is currently under Massachusetts law, the man involved can receive considerably less than 4 years--
there is no minimum sentence for the first offense of possession of child pornography.
You don't bother to acquaint yourself with the applicable laws relevant to the case we are discussing, and instead you post inaccurate information tinged with your emotional hysteria about how the system is unfair and the laws are wrong.
Quote:Possession of Child Porn in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 272 Section 29C. The district attorney can prosecute this case in either the district court or the superior court. As with any district court felony case there is a maximum two and one half year house of correction that can be imposed. In the superior court these charges can result in a five year state prison sentence. The imposition of jail time for first offenders in child porn possession cases is considered a high sentence by many. Often times convictions for this offense result in probation. Sex Offender Registry Board consequences are inevitable regardless of the sentence.
http://www.massachusettscriminaldefenseattorneyblog.com/2009/12/massachusetts-man-jailed-after.html#more
So, depending on which court the D.A. decides to prosecute in, Smith could receive either
a maximum of 2 1/2 years in a county jail, or a maximum of 5 years in a state prison. Or he could just receive probation--simply for possession of child pornography.
In Smith's case, there might be additional charges, for transporting child pornography across state lines, for instance, since he took his laptop from Utah to Boston, and the images might have been on his computer that entire time and he might be charged with transporting them. The investigation might find he distributed child pornography through file sharing with others, and that might result in additional charges.
But just for possession of child pornography in the state of Massachusetts, the jail sentence might not be very long, and jail might not even be a consequence if he is given probation, which is a definite possibility.
You dragged in federal laws because you are ignorant of the state laws. But, in the case we are discussing, Smith
has not been charged under federal law.
You should try educating yourself before you shoot your mouth off--both about the facts of this particular case, as well as which laws are actually involved.
Smith will still lose his university job if he is convicted, and he'll still be a sex offender, but his life, and his earning potential won't be over. He is also president of a company he owns, and he has the qualifications and credentials to continue earning money in his field, as long as he does so in a place where he has no contact with minors.
So, put away your Kleenex box and stop being such a bleeding heart for sex offenders.