Sentencing the Symbolic Sex Offender: The Impact of Demographics on Ohio Child Pornography Cases

• In Event: Sex Offenders and the Courts

Abstract

Sex offenders represent an extraordinarily problematic population for the judiciary, with those convicted of possession of child pornography being among the most difficult of that already challenging population. Possession of child pornography remains difficult to sentence for a number of reasons. With the advances in imaging technology, the appearance of child pornography can be created using editing software, which eliminates any harm to actual children. Furthermore, the relationship between possession of child pornography and instrumental child sexual abuse is weak at best, making the person guilty of possession of child pornography more socially disdainful than publically dangerous. Many courts recognize these incongruities, and consequently there exists a broad range of sentences received for possession of child pornography.

This research attempted to identify some of the individual, social, and demographic characteristics which may be contributing to the range of sentences received for possession of child pornography in a selection of zip code areas in Ohio.

Authors

• Matthew Leone, University of Nevada

• Emmanuel P. Barthe, University of Nevada

• Brendan Sheehan, Cuyahoga County Court of Common Pleas