Sorry, I posted twice. Didn't think the first one went through.

Some defendants whose charges were handled at a state level can sometimes just receive probation---------not often, but possible. If the case was on a federal level, then prison is usually involved as the feds have mandatory minimums for receipt of CP.

I think his chances of not having to register is close to zero. A CP conviction will always trigger registration unless you are a cop.

rewdiazepam

My boyfriend is currently on 5years probation for downloading CP. He can not own, use or reside in a house with computers, own sexually stimulating objects, travel out of state without permission, he has monthly reporting and is on the registry as a tier 2 in MI which is 25years of registration. As rewdiazepam mentioned, CP conviction normally always triggers registration. I'm praying for the best for you!

forgiveness is hard, it takes a lot of time and the will raise up at unexpected moments to overwhelm you sometimes. try to stay honest with yourself, you don't have to do what everyone expects you to; do what you need to do! talk a lot and don't be afraid to cry. give yourself time and reevaluate a lot!
rew's the best for the legal answers!!

@SO he's just convicted of downloading (possession) ? MI law puts possession at tier 1, I thought?

Unless it was also coupled with distribution?

Michigan generally designates the following crimes as Tier 1:

• CSC 4th degree against a victim aged 18 or older
• Assault with intent to commit CSC 2nd degree against a victim aged 18 or older
• Possession of child sexually abusive material (child pornography)
• Indecent exposure with self-fondling in front of minor
• Unlawful imprisonment/restraint of a minor
• Surveillance of, or distribution, dissemination, or transmission of a recording or image of, a minor who has a reasonable expectation of privacy
• A sex offense committed by a "sexually delinquent person"
• A violation of a state or local law that, by its nature, constitutes a sexual offense against a minor
• A substantially similar offense to the ones described above under the laws of another jurisdiction
• An attempt or conspiracy to commit any of the above

Is it inappropriate to point out that, at the end of the day, the crime was 'looking at pictures'? While this is not acceptable, is this truly an unforgivable action?

He had charges of, possession, distribution and using a computer to commit a crime. His attorney was able to have charges of "distribution" removed because it was through one of those torrent programs where as soon as you download anything it "shares it" for others to "seed" and "share" So he ended up with possession and using a computer to commit a crime, which put him on tier 2. The prosecution refused to only charge him with one felony.

Dixon, "'looking at pictures'? While this is not acceptable, is this truly an unforgivable action?" I agree! But try telling that to a prosecutor. Their theory is by looking it supplies a demand for the material which means it needs to be created.

"using a computer to commit a crime" - that is a good one, gets me every time! How else would you do it? It is just an automatic enhancement.

What did it used to be back in the day - "using glossy paper to commit a crime"?

Oh Dixon I so agree.

In my mind we'd do better as a society to remove just possession of CP from being a crime.

It does no more to lead to harming a child as watching 'faces of death' leads to murder.

It doesn't drive production unless money is exchanged for it (which I don't think occurs any more).

I think only production and distribution should be crimes.

But no one made me queen.

That supply / demand may have been the case thirty years ago when magazines were printed and sold.

In today's world the person who makes the porn has no idea random Joe in MI ended up with it. There is no return on investment for the guy making it.

He made it for his own edification.

Don't forget about mat paper. Not everyone likes glossy prints. I think maybe that's why, like in Michigan, posession is only a tier 1 but distribution and using a computer to commit a crime knock it up to 25yr registrationand tier 2.

sogirlfriend - the OP was seeking advice on how to be able to forgive her husband, ever. I merely suggested keeping it relative.

Not talking about the system. Striclty on a personal level between a wife and a husband, a person she must at some point have loved, trusted and respected. I am not sure the offense should obliterate all that. But I do not know.

Lol, Dixon. Yah- of course a computer was used. That's their way to get you on tier 2.

Sorry about that. Forgiving can be really hard at times. Like i've heard everyone else say, you just have to take it one day at a time. Find ways to rebuild trust. By strengthening your trust in him, maybe the forgiveness will naturally come.