There were two more child pornography arrests here in Sarasota this week.
The State Attorney seems to be continuing to manipulate the guidelines and is filing 40 Counts of second degree felonies in most of the cases. They do this to run up the guidelines to the point that a person faces 30 to 50 years in State prison. There is a real issue as to whether or not this constitutes cruel and unusual punishment in violation of the United States Constitution. In Sarasota, a person serves more time for looking at videos than actually having contact with a real child.
The policy here in Sarasota is at odds with what is going on in the rest of the State. How are the detectives making these cases? Let me explain. Every image or child pornography video has a hash value. That is like a fingerprint. When an identified image is transmitted over the Internet, a red flag goes up and law enforcement is notified. I puzzles me why they simply don’t pass a law directing the providers to simply block the transmission. If they can identify it, they can block it. Instead of blocking it, they identify the IP address it goes to and commence an investigation. The local detectives have specially designed computer programs that can come into a person’s computer without their knowledge. The person may not even be awake, sitting at their computer or even home when it happens.
The detectives then get a search warrant and come to the address where the computer is located and often trick the person into making admissions about viewing child porn. The manner in which they do this up subject to legal attack depending on the facts of each individual case. Why is the State Attorney here in Sarasota doing this?
Sadly the State believes that people that look at child porn go on to molest children. The statistics do not back this up. Sadly the State believes that by burying people in State prison for life, they will stop child pornography. This belief is also mistaken. Most of the child porn is created overseas by people that will never get arrested or prosecuted. Also, the State believes that by prosecuting people who view it, they will stop the production. This belief simply is not true. As a sex crime lawyer here is Sarasota, I am doing all I can to educate the Courts and the State with respect to their mistaken beliefs. Many of the people who view child pornography
have been diagnosed as high functioning autistic. Many of the people who view it were victims of child sexual abuse in their childhood. Sadly, many of the prosecutors simply do not understand this.