From an Advocate

I am writing this to you in order for your lawmakers to take a look at what is going on with labeling many as "sex offenders" for the most part being curious or unintentionally having it on their computer while searching shareware programs like Lime Wire, Frost Wire, and any other shareware program.  I do not believe that there are this many "sex offenders" in the United States.  I believe that these shareware programs have made what could be a good thing into the evils of society but no one wants to do anything to shut them down.  I am talking about young adults looking for music, legal porn, movies, etc. and have no clue what is going to be downloaded on their computer.  Titles are misleading and these young adults just do not pay attention to what they are doing.  They click on something that is wrong, they could delete it or just not do anything because they are immature and not thinking that anything is wrong

Our own Federal and State Judges are questioning the disparity and asking that these guidelines be re-evaluated.

Please revise the disproportionate sentencing per the federal and state guidelines for simple possession of child pornography for first time offenders. They have NO discretion.  People that have been deemed NOT a sex offender by a licensed psychologist still gets put in prison.  I would like to know WHY.  What has our Justice System and the United States of America come to?  We are hanging first time non-violent sex offenders out to dry.....putting them on display for the whole country to mock and embarrass in the worse way. 

Is this really the way to rehabilitate a citizen of our country?  Do these individuals not have rights?  These actions are those of times gone past, times of our own incivility.  We are a much more intelligent country than to treat people with such disregard.

An individual sitting in their home viewing child pornography has not physically hurt or attempted to hurt a human being, nor do they show signs of violence.  Due to the nature of the internet, it is simple to fall upon these images in today's society....without even looking too hard for them.  I believe many of these individuals fall upon these images when searching for legal adult pornography.  Many download images or videos that unknowingly contain child pornographic information. Finding out only when it is too late and already on their computer.  And you have NO defense and most plead guilty to avoid many years in prison and some advocate judges will sentence them to many years anyway.  Being in prison for 10-15 years for a on-threatening so- called crime does not make sense to many.

We as a society need to get this stuff off of the internet.  Federal and State authorities that know this stuff is out there are not moving to remove it from the internet.  They just shut down LimeWire but not for child porn but for copyright infringement.  What is worse, people that are producing child porn and sending it through these shareware programs or people downloading songs and movies?  It seems to me it’s all about money. Creating and distributing child pornography should continue to be a serious felony crime and punishable by serving time in prison.  To do this to a child is unspeakable.

To label all these people sex offenders gives society a false sense of security. Do you actually think just because someone’s picture is on the internet for all to see going to stop them from molesting a child? If they want a child to molest there are no laws that will stop them. It is just like if someone wanted to kill someone the laws will not stop them because they will find a way.  A person that downloads this could just be curious or done unintentionally.  We have NO statistics that state these people would ever offend an actual child.  There are so many things going on in our society that is all about sex.  We hear about child porn all the time.  Is that any different than watching “snuff” movies or beheadings on the internet?

The crime of possession of child pornography, viewing pictures on the internet, needs to seriously be re-evaluated.  I believe a first time offense should be a misdemeanor, similar to that of possession of drugs or driving while intoxicated.

-- A drunk driver that makes a conscious decision to get behind the wheel of his car and drive, putting hundreds of lives in danger, is arrested on a misdemeanor charge for a first offense.

-- A person viewing images of child pornography on their computer in their basement or living room is arrested on felony charges and cannot even get a fair trial as they are immediately shunned by society.  Most are forced to plead guilty and are sentenced to years in federal and state prison. .  You have NO defense.  Being in prison for 10-15 years for a non-threatening so-called crime does not make sense to many.

-- Many of these sentences are longer than those of more violent crimes because it could last a lifetime.

-- Additionally, when their federal or state prison sentence is over, they are forced to register on the sex offender registry for many years, if not for the rest of their life.What is this life long sentence all about?  Why these offenders further are stigmatized? 

Is there any other non-violent crime that receives a lifelong sentence other than possession of internet child pornography sex offenders? Do murderers have to register on a national registry?  Do men that beat their spouses in domestic disputes have to register on a national registry?  How about armed robbery and home invasion?  I would think that these violent criminals are more apt to re-offend and more apt to hurt someone than the non-violent criminal that viewed child pornography on his home computer.  I would be more interested in knowing if one of these violent criminals was living in my neighborhood, more so than if they were looking at child pornography on the internet.

The current federal and state laws do not differentiate between violent sexual offenders and non-violent sexual offenders.  All sexual offenders are categorized as monsters, demons of society and considered to be child molesters.  There is a huge disparity in the federal and state sentencing guidelines for simple possession of child pornography.

I certainly DO NOT condone child pornography or violence against children in any way shape or form.  I am an educated member of society and have much regard for the safety of children.  But there are no proven statistics that these people who have porn on their computer would ever hurt a child.  Most of the cases are unintentional while people are looking for other things.  We need to use common sense and look at each case and let the judge’s discretion and a psychiatrist exam be entered into court to deem these people as non sex offenders.

I do however believe that everyone deserves a second chance, ESPECIALLY non-violent first time offenders that have made a mistake and are very UNLIKELY to re-offend.

-- Do we give them a second chance or do we further stigmatize them and banish them from society because they "might" re-offend?

-- Do we ground our child forever because they "might" do it again?

-- Do we never let a wife abuser have a wife again because he "might" re-offend?

-- Do we never let an armed robber enter a bank again because he "might" re-offend?

-- Do we take away the driver’s license of a speeder because he "might" speed again?

With regards to offenders of possession of child pornography, the punishment does NOT fit the crime.  If these men are NOT seeking out minors in chat rooms (or the like) or partaking in filming or making child pornography, I believe we are being too harsh on these first time offenders.  Typically, they are upstanding members of our society that have never been in trouble with the law before.  Charging these first time offenders with a felony and giving them a lifelong sentence is absurd.  These offenders need psychological counseling, NOT prison.  By sending these offenders to prison is only messing them up more and most come out with more issues than when they went in.  They DO NOT belong locked up with violent criminals.  It is as plain as day that there is a deep disconnect here.  A first time offender of possession of internet child pornography should not be charged as a felon.  They should be ordered to complete a sex offender management class, psychological therapy and probation.  If these people are deemed not to be a threat by a psychological sexual evaluation by a psychiatrist then probation should be what they do. These individuals should not be forced to register as sex offenders and be shunned by society for the rest of their lives.  We should not be ruining their lives and making it impossible for them to live in the United States of America and obtain gainful employment.  They are currently prohibited from living within a certain distance of a school, church, day-care....they cannot go to church...they cannot vote. This is cruel, inhumane and unconstitutional treatment.  They should no longer be categorized with violent sexual offenders.

The federal guidelines have changed many times over the past 15 years and this offense has increasingly seen harsher and harsher penalties.  We must stop the madness and do what is right.  We need to rehabilitate and stop ostracizing these people. Not all people that are labeled sexual offenders are predators and child molesters.  They are young adults that believe they know what they are doing.  They do not pay attention to any downloads and do not know the actual danger of these shareware programs and what could happen to them.

Please reconsider any and all guidelines and laws for first time offenders. We are sentencing these people to a life of misery for an unintentional mistake.  Some commit suicide do to the stigma that society puts on them.  We sanction countries for treating their people like this but we are doing it in our own society.  We should not even label these people as “sex offenders” because society does not care about what they did and does not understand that anything to do with sex could now label you a “sex offender”.  One label does not fit all things.

All the laws against these so called “sex offenders” are against their Constitutional Rights.  There is due process of law.  They have no more life, liberty, or the pursuit of happiness.  They are banished from society.  They cannot go anywhere. They cannot find housing, employment, education, loans, etc. They are being forced to live under bridges, park benches, and out in the open.  I believe this puts more of a burden on law enforcement because they cannot keep track of the real predators because they are busy looking for these young men that are using shareware programs and having consensual sex with each other as we did in our younger years.  This put a burden of cost to track these people.  You cannot keep track of the people that are forced to live on the streets.

We sanction countries all over the world that treat their citizens like animals and we are doing this to OUR own citizens and no one cares.  Most of these people have no ill intentions.  They are stupid and immature and DO NOT know what they downloaded is against the law the way it is.  They don’t know that they will live with a label for the rest of their life for one mistake.  These people do not understand the implications of being stupid or immature.  Child porn is constantly being talked about and some are just curious to see what child porn is.  Just as we would be curious about “snuff” movies or the like

We have law enforcement that sits behind desk looking at child porn all day long trying to “catch” these so called “sex offenders”.  I ask you, what makes them better than anyone else being curious or making a mistake.

You cannot tell me that there are those in law enforcement that likes what they see.  Men are interested in plain sex and I don’t believe there is a difference of ages but that does not mean they are going to molest a child because they saw what is considered child porn.

These people are constantly being harassed, threatened, and shunned by society.  They are being banned from libraries, cities, stores, and just about all different places that we have the freedom to go.  I have a question for ALL of you.  If we did this to any other person because of race, religion, and sexual preference what would you do then?  It is not considered a hate crime to threaten these guys that are on the registry because ALL of society believes ir means they have molested a child.  Whn indeed it is the total opposite.

I would appreciate you using common sense and change the laws and guidelines to make it fairer for these unintentional mistakes. There are no know statistics that state if a person accidently or curiosity has them download child porn that they are going to molest a child.  And why does the government allow such atrocities to go on The United States.  It is all a false sense of security.

I am begging you to change these laws and charge these the way they should be and that should be a misdemeanor rand not put them on registries.  The actual child molesters should be kept in prison with intensive therapy but the way the states are handling this I believe they are wasting many of our tax dollars.

I would appreciate you to look at the Constitution of the United States as see what you are depriving these people from in every aspect of their lives when they do not deserve it.  We have to stop this harassment of people that make a mistake.  Treat it as a misdemeanor, give probation and get rid of the registries because you are ruining people lives and it just is not working.