Sudbury Man Behind Bars for Child Pornography Charges
On Friday, federal authorities arrested a Sudbury man. The arrest was on child pornography charges. 49-year-old Tyson Tu got arrested at his Colburn Circle home. Moreover, he got charged with receiving and possessing child pornography. One count of each.
So then, from around 20th February to 13th April, Tu received child pornography. Also, he allegedly possessed the material around 13th April this year.
In April, police arrested Tu after a joint investigation. It involved the Department of Homeland Security’s Cyber Crimes/Child Exploitation Task Force. During the investigation, authorities said they obtained several subpoenas. Moreover, they served several search warrants and used surveillance.
Tu got held on $50,000 bail overnight at the Sudbury Police Department
Further, “multiple images of very young minor-aged victims” got found. According to authorities, Tu used the darknet to find the images. The darknet is encrypted online content not found on regular search engines. The darknet is also the infamous dark web. Users use the Tor Browser to mask their identity in the dark web.
Chief Scott Nix confirmed Tu downloaded the images and didn’t manufacture them.
What is Child Pornography?
Child pornography gets considered as a minor engaging in sexually related content. For instance, it includes videos, pictures, and computer-generated content. Similarly, altering content, so it appears to be a minor, gets considered as child pornography. However, an exception to the category is artistic renderings with value.
For example, an anatomy book explaining the anatomy of a child. Still, meeting these exemptions is hard.
One must knowingly possess, distribute or receive child pornography to get charged. Hence, the crime needs knowledge and intent on the part of the defendant. Accidentally stumbling on child pornography is not a crime. Yet, investigators simply track the computers accessing child pornography. So, it is difficult to ascertain who is intentionally accessing child pornography.
Even so, most people pay cryptocurrency in the darknet to get child pornography.
Defenses to the charges
The notable defense to child pornography is being unaware of what you are accessing. Adult pornography is legal. So then, individuals may access child pornography without meaning to do so. As an example, they may be downloading a movie and then mistakenly something illegal.
In that circumstance, the necessary state of mind of the criminal activity wasn’t present. As a result, no crime got committed.
Also, defendants raise procedural challenges to charges brought against them. Regarding investigations, authorities must have probable cause to search an individual. Otherwise, items obtained during the search may be inadmissible. Therefore, any criminal defense against child pornography charges should get scrutinized.
The Sentencing of a Child Pornography Charge
Now, the receipt of child pornography provides a sentence of not less than five years. In addition, one can receive up to 20 years in prison. Likewise, at least five years of unsupervised release and a fine of $250,000. In fact, the unsupervised release can last up to a lifetime.
The federal district court judge imposes the sentences. They get based on the United States Sentencing Guidelines. In addition to that, other statutory factors may matter.
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