January 11th, 2012
It is against the law to download child pornography from the internet. It violates both State and Federal laws.
But A Life Sentence?
Daniel Enrique Guevara Vialca, age 26, has been sentenced to life imprisonment by a Court Judge in Florida for downloading pornographic images from the internet. Is this sentence too severe? Criminal Justice experts point out if Daniel had molested a child he most likely would have received a less harsh sentence. Professor Douglas Berman, who teaches at Ohio State University, stated “to me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.”
Sexual offenses involving children are among the most outrageous. Americans have no sympathy for individuals involved with child pornography. Most people assume that individuals who download child pornography from the internet will molest children. However, there is a body of scientific research that shows this is simply untrue. Most child pornography viewers are passive individuals who look at the pornography but take no action to actually carry out these fantasies. Simply speaking, viewers of child pornography are generally not child molesters. Unfortunately, this view is not widely accepted by most Judges.
Murderers Received Life Sentences
Daniel Enrique Guevara Vialca has received a life sentence. This is the same type of sentence given to murderers. This is a disproportionate sentence. Although child pornography should remain illegal, the court should distinguish between individuals who view child pornography and child molesters. Men charged with possession of child pornography should not receive the same sentence as those convicted of first degree murder!
Vigorous, aggressive legal representation is required if you are investigated or charged with a crime. Elliot S. Schlissel and his associates have been representing New Yorkers charged with crimes for more than 30 years. The law firm is experienced representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), burglary, shoplifting, juvenile offenses, domestic violence, drug offenses and all types of misdemeanors and felonies. Call us at 1-800-344-6431, 516-561-6645 and 718-350-2802 for a free consultation.