gizmo,

Welcome to the board.

The feds use several little tricks to snare those who have downloaded CP---and the distribution charge is one of them.

In a P2P environment, all shared files are available for upload or sharing unless the user knows how to disable or turn off sharing. In some P2P programs, disabling sharing or uploading is not even possible.

If the feds find a file in the shared folder, even if the user did not intend for it to be shared and had no intention of distributing the file, they will charge him with distribution. This is basically the game federal prosecutors use; they file all the possible and legal charges they can in the beginning.

This distribution aspect is not fair, since many users do not fully understand P2P programs, had no intention of sharing, and may have not even know they were sharing.

In other words, they were not purposely sharing or distributing illegal material. But it does not matter to the prosecutors, as they will charge regardless.

And, yes, CP charges are one of the most ridiculous charges and most abused by prosecutors.

When he is released, since he has 20 years probation to serve, his probation officer may not allow him around minor children. Once he is off probation, the registry itself does not usually preclude a registrant from being around minors; the biggest problem there is CPS, or any other child protection agency. The town busybody will sometimes notify CPS or DHS that a sex offender is around children and they will open an investigation.

They do not require community notification for tier 1 offenders in Ohio. If I am wrong, someone from Ohio can correct me.

http://tinyurl.com/zumetxz

http://tinyurl.com/o7rp3qh

I do not know if he will be on the public registry as it varies from state to state.

You would be well served to take one day at a time and only concentrate on one problem at a time. I know it is a human tendency to worry, but trying to worry about any and all potential problems all at once can cause confusion and a lot of unnecessary emotional pain.

Try to relax if possible. He will be one of hundreds of thousands of men---including sex offenders----who went to prison and served their sentences. Ninety nine percent of those came home and did fine, so there is no reason you and your husband cannot do the same.

These situations are not the best, but they are DOABLE.

If you have any questions or just need to vent, you have found the right place.

God bless you and your family,

rewdiazepam

I won't be much help as my Hubs is still in prison for possession of CP. He got one year and one day in prison, 1 year house arrest and 4 years probation along with life on the registry. I agree that this seems to be extreme penalties for this crime but we still have to deal with the outcome. My Hubs gets out very soon and I am also nervous for the transition and if we will have any problems once he gets out. I just figure we have to stick together and we will do whatever we can to make a smooth transition. My biggest concern is one of our neighbors has 3 kids. They are very nice people and are by no means helicopter parents so I don't know if they will care or even bother to look it up. I just wanted to reach out and let you know you're not alone. As far as your restrictions you should be able to call your city police and they will either be able to give you more info or guide you to where you can get that information but be informed and stay informed. We have a separate division and ordinance where I live for RSO. Good luck!

My ex was sentenced to 1 1/2 years in jail, lifetime probation and on the off chance he gets off probation, 10 years on the registry.

His restrictions include having his internet monitored by software (many are not allowed internet access, however), No interaction with minors, can not go to public places that cater to children which include schools, certain stores and certain areas of stores, movie theaters unless accompanied by a chaperone, parks, public beaches, restaurants with playgrounds inside or outside.

Each state has different rules he will have to follow. Some are more restrictive than others.

I have a friend that is an RSO and his wife is a teacher. It hasn't caused any problems for them, however that doesn't mean it never will.

Best of luck to you and your husband! Its tough for us because we are the ones on the outside, often times confused on how best to support our loved ones.

As Rew said, take everything a day at a time and tackle your issues as they come up.

It depends what Tier he is on. If they got him for distribution, he is likely a Tier 2 or 3.

I totally agree with rewdiazepam. The system the feds use is a scam. Receipt, which is often a separate charge, is the exact same act as possession except it carries a mandatory minimum. More often than not, distribution is not an affirmative act. That is, a person doesn't click "the send button" to send another person a picture. Distribution is a passive act and in many cases, an act that wasn't even intended to begin with. Yet it carries a 5 year mandatory minimum. It's all a game to them.

Why don't the Feds shut down P2P websites that carry illegal material? Sure, it wouldn't eliminate all CP but it would help. They don't shut them down because it is one of their best tools to catch people.

I feel terrible for you and your ex-husband. You guys are in our prayers. God Bless. By the way, the article below is something you will find interesting to read. It might make you want to throw up.

http://www.usatoday.com/story/news/2016/01/21/fbi-ran-website-sharing-thousands-child-porn-images/79108346/

How is that not entrapment? Isn't the government supposed to the moral high ground?

I asked my son if he had heard of this "playpen" site. He said he had heard of it and that it was widely known it was being run by the FBI, for a lot longer than the 13 days they claim. More like 3 months. The site went down and when it came back online, there was a disclaimer saying "We are not run by the police".

while I agree that there needs to be a way to eliminate this kind of material that doesn't involve them breaking the law as well. IMO, if you obtain control of these they should be shut down ASAP and not run as a honey pot.

Thanks for all the responses and support! I do my best to take one day at a time and pray a lot. According to his PSI (?) or whatever he's allowed to have computers as long as they install a monitoring program and he's allowed around kids just not alone. We're in out early 30's and due to personal health issues I may never kids anyways but on the off chance that did happen how would that affect him? Would he be allowed around and live with his own kid? I know people are a-holes and like to call CPS. When he was in pre-trail I had CPS called on me a few times and I don't even have any kids! My roommate had a baby. So I know how to play that game. It's unfortunate though. While there are some individuals that are pure evil, it's sad that the government uses the registry to label everyone the same. I don't understand how anyone can be label a sex offender when they have never touched or even looked sideways at anybody. The thing is makes me the most infuriated is that his uncle abused him as a child as well as other kids and in total has only served 3 years in jail. His family is a joke and never got him any kind of help or counseling. I'm not a psychologist but I honestly believe some guys turn to CP in order to deal with their own sexual abuse. While it isn't the right way, most are never given any other type of tools to get past it. The feds got it all backwards and in reality they are not helping anybody in the long run. I agree my husband did something wrong but he needs therapy way more than jail and his uncle is the one that should be lock up for all those years.