A 23-year-old was sentenced this morning to four years and three months in a federal prison for taking nude photos during his sexual encounters with a 14-year-old that he says were the result of a consensual relationship.
Brad A. Davis of Winchester, Tenn., pleaded guilty in June to one count of possessing material that contained images of child pornography, but his sentencing hearing today set off debate over the intent of the types of laws and corresponding sentencing rules aimed at stamping out the most serious cases of the possession and distribution of child pornography.
Mr. Davis’ defense attorney argued that had it not been for the camera the couple used, Mr. Davis easily could have been charged in state court with statutory rape and might have been let go with no jail time.
“Those pictures were intended to remain private,” defense attorney Mary Ellen Coleman stated.
To bolster her argument, Ms. Coleman pointed to a recent high-profile case involving former Baylor football coach Willie Idlette, who received only probation for pleading guilty to having a consensual sexual relationship with a 16-year-old student.
U.S. District Judge Harry S. “Sandy” Mattice seemed to agree with the defense, accusing federal prosecutors here of intentionally distorting the intent of certain child pornography laws by bringing the charges against Mr. Davis in the first place.
Judge Mattice sentenced Mr. Davis, who had no prior criminal record, to less time than he might have received otherwise.
For complete details, see tomorrow’s Chattanooga Times Free Press.
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