Are child porn sentences too harsh? Some say yes

Posted By Law Offices of Jeffrey C. Grass || 9-May-2012

Sex crimes are taken very seriously in Texas and throughout the U.S. However, punishment for these crimes -- specifically child pornography -- is being criticized by some. Questions are abounding about the harsh sentences that are imposed on individuals convicted of child-pornography offenses versus the sometimes lighter sentences for those who have actually been convicted of some type of abuse or assault toward children. While there is a strong social stigma against sex crimes, it may be time to question how appropriate it is for people who view child pornography to receive harsher penalties than those who physically assault children.

The U.S Sentencing Commission will soon release their report, which likely will recommend changes to the current federal sentencing guidelines. The issue is highly polarized and sensitive for both sides of the fence. Public defenders and federal judges place the blame on Congress. They believe that Congress' attempts to be tough on child porn have resulted in lopsided, and perhaps unnecessarily harsh, penalties. Speaking to this notion is the fact that judges issue sentences that fall below the federal guidelines in nearly half of all cases.

Those on the other side of the debate are not interested in any sort of leniency for those convicted on child porn-related charges. They say short prison terms do not match the severity of the crime.

Currently, many child pornography offenses carry mandatory prison sentences of at least five years. The law also allows for "enhancements" to a base sentence. The age of the child in the images as well as how the images were obtained can both lead to increased penalties. In 2011, the average sentence for people convicted of child pornography charges was seven years.

While Texas sex crimes are undoubtedly serious, this issue bears another look, and with the Sentencing Commission scheduled to release its report soon, we could see changes in the near future.

Source: Houston Chronicle, "Debate rages over severity of child-porn sentences," David Crary, April 29, 2012