Should individuals convicted of possession of child pornography be precluded from being sentenced to probation?

Arguments For Precluding or Being Extremely Reluctant to Grant Probation (Why Probation Might Be Inappropriate):

1. Harm to Victims: The possession and viewing of child pornography re-victimize the children depicted. Each view can be seen as a form of continued abuse, generating revenue for the illegal market.
2. Severity of the Material: Possessing even a single image involves the sexual exploitation of a child. The act itself is a serious crime against a vulnerable victim.
3. Difficulty in Assessing True Risk: It can be challenging to determine the full extent of an offender's involvement or their potential risk of escalation to hands-on abuse based solely on possession charges. There may be underlying issues (e.g., addiction, paraphilia) that require secure treatment.
4. Public Outcry and Stigma: Society generally views child pornography offenses with extreme revulsion. Granting probation can be politically and socially unpopular.
5. Compliance and Supervision Challenges: The conditions required for these offenders are often stringent and difficult to monitor effectively in the community (e.g., absolute no-contact with children, strict internet restrictions). The risk of non-compliance and reoffending can be high.

Conclusion on Preclusion:

Precluding all individuals convicted of possession of child pornography from probation might be overly broad and fail to account for differences in circumstances, risk levels, and potential for rehabilitation through intensive community supervision. However, probation should be granted only in the most limited circumstances, typically involving:

• Low-risk offenders based on validated risk assessments.
• First-time offenders with minimal quantities.
• Demonstrable willingness to participate in treatment.
• Strong support systems.
• The imposition of extremely stringent conditions (discussed below).

Courts must weigh the severe nature of the crime and the harm to victims against the potential benefits and risks of community-based sentencing on a case-by-case basis. There is a strong argument that the default position, especially for non-first-time offenders or those with large quantities, should lean heavily towards incarceration due to the inherent risks and the nature of the harm caused.

If sentenced to probation, what conditions would you impose if you were the supervising probation officer?

If I were supervising a probationer convicted of possession of child pornography, the conditions would be stringent, intrusive, and focused intensely on public safety and monitoring compliance, given the serious nature of the offense. They would likely include:

1. Mandatory Sex Offender Treatment: Enrollment and active participation in a court-approved, evidence-based sex offender treatment program, specifically addressing pornography addiction, deviant sexual arousal, cognitive distortions, and victim empathy. Compliance would be strictly monitored through regular therapist reports and urine analysis (UA) for drugs/alcohol as prescribed.
2. Restrictions on Contact with Minors: An absolute prohibition on unsupervised contact with any minor who is not their own (if they have children, this would be highly scrutinized and likely restricted based on risk assessment and court order). Prohibition on being in public places where children congregate (parks, schools, playgrounds, etc.) unless for approved work or treatment.
3. Strict Internet and Technology Use: Complete prohibition on using the internet, computers, smartphones, webcams, cameras, or any digital storage device capable of storing images or video, unless absolutely necessary for work or approved treatment and subject to strict monitoring. This might involve:
   • Court-ordered installation of monitoring software on all devices.
   • Limitation to specific, work-related websites.
   • Prohibition on creating any user accounts or engaging in online communication (email, social media, chat rooms).
   • Regular, unannounced searches of home and personal devices by probation or law enforcement.
4. Residency Restrictions: Prohibition on living within a certain distance (e.g., 1000-2000 feet) of a school, daycare center, or park, as mandated by state law or court order.
5. Random Drug and Alcohol Testing: Frequent and random UA testing, as substance abuse often co-occurs with sexual offenses and can impair judgment.
6. Mandatory Notifications: Compliance with all requirements of the state's Sex Offender Registration Act (SORA/SORAN), including notifying neighbors if required by local laws.
7. Work/Hobby Restrictions: Prohibition on any work, volunteer activity, or hobby that involves contact with minors or access to them.
8. Travel Restrictions: Notification requirements for any travel plans, both domestically and internationally, and potential prohibition on travel to certain high-risk areas or countries.
9. Home Confinement/Curfew: May require electronic monitoring (ankle bracelet) for a portion or the entirety of the probation term, especially initially, with strict curfews.
10. Search Warrants: Granting probation officers and/or law enforcement the right to conduct warrantless searches of the probationer's person, residence, vehicle, and any electronic devices at any time, day or night, with reasonable suspicion of violation.
11. Financial Obligations: Payment of all fines, court costs, victim restitution (if applicable, though direct victim identification can be difficult), and costs associated with treatment and supervision.
12. Abstinence from Reoffense: An explicit condition prohibiting any new possession, distribution, creation, or viewing of child pornography, or any other sexual offense against a minor.
13. Regular Probation Reporting: Frequent in-person or virtual check-ins with the probation officer (e.g., twice weekly initially).
14. Compliance with All Court Orders: Adherence to any other specific orders issued by the court at the time of sentencing.

The overarching goal of these conditions would be to ensure the probationer does not reoffend, actively participates in efforts to address their behavior, and acknowledges the gravity of their crime and its impact on victims and the community. Non-compliance with any condition would likely result in immediate revocation of probation and a recommendation for incarceration.