Prosecutors Believe Punishment For Child Porn Offenders Is Too Lenient
CENTENNIAL, Colo. (CBS4)- When Eric Beyer walked into courtroom 309 in early March for sentencing – he, his family and lawyer hoped he'd walk out with probation. Police discovered tens of thousands of images of child pornography in his possession. Prosecutors say Beyer's collection is one of the largest in recent Arapahoe County history.
"It's got to be punished," said 18th Judicial District Attorney George Brauchler. "It's got to be dissuaded."
In February 2013, a Colorado Springs detective traced an IP address to photos and videos of children forced to have sex and in sexual poses. One child sexually assaulted appeared to be between 3 and 5 years old. The images were tracked to Beyer in what officials have said was a highly organized collection on several devices.
Prosecutors are now pushing for mandatory prison minimums for the crime.
"It's a living, breathing, innocent child," Brauchler said.
CBS4 obtained statewide sentences from the Colorado Judicial Branch from 2010 to 2014 and found in that time convictions for child sexual exploitation have nearly doubled. The percentage of cases resulting in hard time however is dropping.
According to a CBS4 analysis, in 2014 about 58 percent of sexual exploitation convictions resulted in a sentence of prison time.
"I think if the state of Colorado is going to take seriously its obligation to protect our children, it needs to create laws that send a very clear message that if someone is going to satisfy their deviant sexual urges at the expense of these kids' innocence that they should expect to lose their liberty," Brauchler said.
Beyer's lawyer Leonard Chesler says prison is not the solution to the problem; people like Beyer need treatment and help.
"I don't care if that person is a collector of thousands of images, if he does not act upon them that person should be treated," said Chesler."That person should be controlled. His nextdoor neighbor should be advised that he has that conviction but we are not protecting anyone by putting that person in a cage, like an animal."
Despite Chesler's argument for probation and treatment, Judge Frederick Martinez sentenced Beyer to four years in the Department of Corrections with an additional six years of sex offender probation.
"The problem is that if you have a determinate sentence to the Department of Corrections you are totally separated from treatment, everything you've done before," said Chesler.
"There's no just simple innocent possession of videos or images of child porn, each repossession of these images that don't go away, they don't disappear not in this digital day and age -- encourages the industry that creates it," said Brauchler." That's something we have to address- not by just punishing the possessors but my goodness shouldn't we punish the possessors."
A bill that increases the penalty for sexual exploitation of a child from a class 6 felony to a class 5 felony passed both the House and Senate earlier this week. Prosecutors say the bill is a step in the right direction.
The bill now makes its way to Gov. John Hickenlooper's desk for signing.
