Re: United States v. Josh Duggar
Posted: Thu Dec 09, 2021 11:40 am
Josh Duggar guilty on both charges.
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The tweet says he’ll face 20 years plus a $250K fine for each count. Ordinarily, possession is a lesser included offense of receipt, so the charges would be merged for sentencing purposes. I looked at the indictment, though, and the possession count alleges an element not alleged in the receipt count, which is that the images depict minors under the age of 12.
Maybenaut wrote: ↑Thu Dec 09, 2021 2:33 pm
The tweet says he’ll face 20 years plus a $250K fine for each count. Ordinarily, possession is a lesser included offense of receipt, so the charges would be merged for sentencing purposes. I looked at the indictment, though, and the possession count alleges an element not alleged in the receipt count, which is that the images depict minors under the age of 12.
I haven’t been paying close enough attention, so I don’t know what, if anything, has been said in court about the maximum punishment. I guess we’ll find out in four months.
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Duggar was found guilty on both charges he faced, receipt of child pornography and possession of child pornography.
The judge issued a stay of conviction on possession as a “lesser included offense.”
At a press conference after court adjourned, prosecutor Dustin Roberts explained that procedure.
“By function of law, you cannot be convicted of both,” he said.
Thanks! Last time I researched this (it was awhile back), there was a split in authority with respect to whether possession is an LIO of receipt when possession alleged the age of the children and the receipt charge didn’t. Personally, I don’t think the government should be able to game it through it’s charging decisions, so I’m glad the Court is going to treat it as an LIO.LM K wrote: ↑Thu Dec 09, 2021 4:27 pmMaybenaut wrote: ↑Thu Dec 09, 2021 2:33 pm
The tweet says he’ll face 20 years plus a $250K fine for each count. Ordinarily, possession is a lesser included offense of receipt, so the charges would be merged for sentencing purposes. I looked at the indictment, though, and the possession count alleges an element not alleged in the receipt count, which is that the images depict minors under the age of 12.
I haven’t been paying close enough attention, so I don’t know what, if anything, has been said in court about the maximum punishment. I guess we’ll find out in four months.![]()
Duggar was found guilty on both charges he faced, receipt of child pornography and possession of child pornography.
The judge issued a stay of conviction on possession as a “lesser included offense.”
At a press conference after court adjourned, prosecutor Dustin Roberts explained that procedure.
“By function of law, you cannot be convicted of both,” he said.
I read up on this. The type of CSAM found on Duggar's computer includes incidents of sexual abuse, and meets 2 out of 3 "aggravated conditions". The material found on Duggar's computer is referred to as "hurtcore".MaryContrary wrote: ↑Thu Dec 09, 2021 2:41 pm I’m relieved he was found guilty if I’m honest.
What really are the chances he could possibly get the maximum? I know they have the pre- sentencing report and all that jazz to consider but being his first offense of any kind I just see this as wishful thinking he would receive the max. My wishful thinking none the less.
Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.
This entire ordeal has been very grievous. Today, God’s grace, through the love and prayers of so many, has sustained us. Our hearts and prayers are with anyone who has ever been harmed through CSAM.
In the days ahead, we will do all we can to surround our daughter-in-law Anna and their children with love and support. As parents, we will never stop praying for Joshua, and loving him, as we do all of our children. In each of life’s circumstances, we place our trust in God. He is our source of strength and refuge. Thank you for your prayers.
I think he probably can. That evidence was all admitted as propensity evidence under Federal Rule of Evidence 414, which says that evidence of prior acts of molestation are admissible for any purpose to which the may be relevant.
They’re also allowed to consider the circumstances of the offense and the character of the offender, which I think includes anything admitted at trial.chancery wrote: ↑Thu Dec 09, 2021 7:41 pm Interesting. IANACrL, as you know.
I thought that federal judges have some discretion to consider uncharged behavior in sentencing …. but I guess uncharged isn’t the same thing as unsupported by the record at trial.
But I also thought that federal judges have some discretion to consider material outside the trial record in sentencing. Or is it limited to mitigation?
Edit: OK, I guess I know more than I originally thought. Mitigation, yes. But also certain aggravating factors, such as prior convictions and victim impact statements.
What else?
Thanks for the info. I’m relieved also, too, that they type of CSAM is taken into consideration.LM K wrote: ↑Thu Dec 09, 2021 4:46 pmI read up on this. The type of CSAM found on Duggar's computer includes incidents of sexual abuse, and meets 2 out of 3 "aggravated conditions". The material found on Duggar's computer is referred to as "hurtcore".
While Duggar is a "first time" offender, the CSAM on his computer guarantees he's looking at much more than 5 years.
Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.
Jana Duggar, the sister of former reality television star Josh Duggar who was recently convicted in a separate criminal case, has been charged with a misdemeanor count of endangering the welfare of a child, Arkansas court records showed Friday.
Jana Duggar, 31, pleaded not guilty through an attorney on Sept. 23, the court docket shows. The alleged violation happened Sept. 9, it states. A trial by judge is scheduled for Jan. 10.
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Such a charge as the one faced by Jana Duggar would generally include the allegation that a defendant engaged "in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor," according to Arkansas law.
Jana Duggar faces up to three months behind bars and a fine of up to $1,000 if convicted, according the Arkansas Sentencing Commission’s standard punishment range for such a charge.