Congress Increases Penalties for Child P*rn

By Jeralyn, Section Legislation
Posted on Tue Nov 27, 2012 at 07:46:53 PM EST
Tags: child p*rn penalties (all tags)

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Federal judges have been complaining for a long time that our child p*rn penalties are too high. In 2010, judges departed below the sentencing guidelines or granted downward variances in 43% of cases. (For other crimes, the average departure rate was 18%.)

So what does Congress do? Yesterday, the Congress that agrees on nothing, agreed on increasing child p*rn penalties. The statutory maximum will be 20 intstead of 10 years in cases involving pre-pubescent children or those under age 12. The bill, already passed by the House, passed the Senate yesterday on a voice vote and will now go to President Obama for signing. Here's the text of the bill that passed yesterday. [More...]

Congress held a hearing on the current penalties in February. Even the Department of Justice had complaints. (Transcript here.)

Why are the guidelines so high? Because instead of being set by Sentencing Commission policy, which uses a systematic, empirical approach, the Commission has been forced to conform the guidelines to Congressional mandates directing it to implement various enhancements. The guidelines are irrationally high because they are set by Congressional fiat, not reason. And now, Congress has ensured sentences will be even higher.

As the Commission has explained, “experience and data showed that several existing enhancements (e.g.,use of a computer, material involving children under 12 years of age, number of images) in the applicable guideline, §2G2.2, apply in almost every case.” 2011 USSC report on mandatory minimum sentences,