The Colorado Supreme Court has clarified that no matter how many pornographic images an individual possesses, sexual exploitation of a child merits a single charge, which prosecutors had derogatorily deemed a “volume discount on child pornography.”
Following the decision, multiple state legislators agreed that the guidelines for prosecuting the crime should spark a conversation given the court’s interpretation.
“What does justice look like for child pornography, be it one image or 10 images or 1,000 images?” asked Sen. Rhonda Fields, D-Aurora. “All I have to say is it all has the same damage.”
Go Colorado!
If the Prosecutors had it their way, every offense committed could be broken down into multiple “mini “ offenses.
Say you went out and broke 40 windows. They could then say the limit was 5 windows. So they could charge you with 8 different crimes, which could land you in Prison for years, all for breaking windows?
What the court said is already in place in Santa Clara county ( I don’t know about other counties) any amount of obscene material retrieved at one time is counted as one offense. The amount retrieved is what determines how severe the offense is, as well as the eventual sentence handed down.
Doesn’t matter if it’s one count or 5 counts. It’s ONE and DONE once charged, tried and convicted + registry = living death.
Have 2 convictions 1 arrest.Ny
The USSC addressed this issue a long time ago. Multiplicity (multiple counts of the same offense based on the same transaction) is unconstitutional. While counts can be charged and prosecuted individually, they must merge into ONE conviction if the evidence shows they are all a part of the same transaction. For example, if someone steals $10,000, the DA can (and usually will) charge and prosecute 10 charges of $1000 each. But if convicted of all counts, they all merge into one – one conviction, one sentence.
DAs just want to add as many charges as they can to fluff their resumes and pad their conviction statistics – it’s no more complicated than that.
IL: Here is another similar case just over the southern border from me.
https://www.mystateline.com/news/local-news/judge-sends-south-beloit-child-pornographer-to-prison-for-26-years/
Ill just bet there were some duplicitous charges ( as discussed in this posted case) among this guys wrongdoing too. Prosecutors love duplication because of the exposure to lengthy sentencing limits increases a likelihood or chance of plea.
How many of them have naked pictures of their children or grandchildren? Ones of them being brought into the world as a naked baby, on the toilet, and having their first bath. Wouldn’t those images be pornographic? So they are offenders too!!
Sounds logical 1bust 1court case 1conviction the registery in California must be growing out of control because their trying hard to shrink IML down to only new and teir3 offenders.
It’s been along road iv been dealing with this bullshiit since high school I was 17 when my wife/victim became pregnant with our first born.
2 days after I turned 18 the DA filed charges at the request of social worker who we met at the Social Services office when trying get medical for her.
A detective showed up at my house talk to me and my Mother and informed us I had a court date on calendar involving this case and if I didn’t show up there be A weren’t for my arrest when i went to court the judge released me on my own reconsince i never spent A day in jail.
At 19 I ended up taken a plea deal i was a new father and just wanted too get on with my life little did I know by taken that deal I wasn’t getting on with my life I was ending it.
Good luck