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Is It Fair That Child Pornography Offenders Get Harsher Punishments Than Murderers and Rapists Do?

If you face a Florida cybercrime charge, such as possession or distribution of child pornography, your sentence could put you behind bars for the rest of your life, depending on what you allegedly did and the strength of the prosecution’s case against you.

Even if you never directly harmed or even contacted a victim, you could still face a jail sentence that’s as stringent (or more stringent) than a sentence that might be given to someone who murdered another human being or raped and assaulted someone. How do the courts – and society – justify this equivocation? Is it fair? And most importantly, what can you do, in a practical sense, to understand your charges, put up a stiff defense against them, and rebuild your life and your relationships after all the frustrating events that have happened to you recently?

In modern U.S. society, the taboo against adult-child sex relationships is strong. It’s potentially one of the most emotionally galvanizing taboos that exist in modern American culture. However, different societies around the globe (and in the past) have had very different moral systems. Famously, for instance, the ancient Greeks permitted a certain type of what we would call pedophilia – such behavior was relatively normal and accepted at the time. Older Greek men would engage in sexual relationships with adolescent men. These relationships were considered copasetic by the moral arbiters of that time.

Curiously, the way different societies think about sexuality evolves, sometimes rapidly. Even though homosexuality has probably been around for millions of years, the modern conceptualization of “homosexuality” didn’t exist, even 150 years ago. The point is that what a particular society condones, sexually speaking, evolves over time and differs from era to era and culture to culture.

Complicating things even more… up until very recently, human beings lacked anything like technology like the modern internet and cellphone networks. These technologies have created situations that are deeply foreign to our own intuitive sense of justice.

Of course, we do live in a country governed by law, and we collectively need good laws to keep order and maintain the moral fabric. But these laws can often lead to strange kinds of equivocation. For instance, we criminalize behavior that indirectly seriously harms children and punish such behavior with huge jail sentences. But this can lead to strange situations, in which a crime that leads to no direct harm can be punished with a jail sentence commensurate with a sentence someone might get for physically stabbing another person to death with intent.

This isn’t to say that both crimes shouldn’t be punished harshly. Rather, it does suggest that the organic evolution of our justice system leads to peculiar quirks.

This theoretical discussion aside, you undoubtedly want practical “nut and bolts” assistance developing a cybercrime defense. Turn to attorney David Seltzer and his team here at Seltzer Mayberg, LLC at 1 888-THE-DEFENSE (888-843-3333) for a thorough, competent, and confidential consultation about your case.

Categories: Cyber Crimes
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