I have a nephew doing a 32 month stretch in minimum security...

[triguy46]

for a pornography rap (no pics of little kids, but classified as "underage" <18, all off the web). He will be a registered sex offender for 10 years. Got caught up in a new law in his state that mandates jail time. A year ago would have gotten probation. The DA and Judge both apologized to him, their hands were tied.

Is there any possibility he will be able to find work? He has a Bachelors and is 35. But will have to check the "Have you ever been convicted of a felony" box.

He knows his life is a wreck at this point, but surely, somewhere, a job, any job, he has not pretensions.

Thanks, this is ever so sad and depressing for his mother, (my sister), and a few of us in the family who know what is going on.

[kayakjohnny]

1. Wow, don't know what to say. Can't imagine what you all are feeling.

Not enough info to go on, but wishing all concerned the best.

Sounds like an awful thing.

Sorry for you and certainly for your sister.

What a heavy situation.

[triguy46]

2. I go to see him each month. Its not all that bad, its minimum security.

But the laws are great on punishment, but give no thought to what to do with them afterward. Hard enough to find a place to live.

[Suich]

3. Wow, that's rough.

I don't have any advice, just best wishes for all involved.

:hug:

[old mark]

4. "The law" in this country is very out of control, and we must get some sort of

common sense approach rather than the politicians making laws that further their careers at the expense of everyone else.

What state is this, if you don't mind?

m

[pitohui]

6. does it matter what state? downloading child porn is illegal in all of them

it's still child porn if she's 17, a 17 yr old can't give legal consent to be in a porn movie

he knew what he was doing was a felony when he did it, as far as the DA and judge apologized to him, please, i'm sure the OP believes the nephew's side of it, but that totally didn't happen, sorry, it's just not believable, in this economy the DA would not have set up the sting/investigation and spent time/county money prosecuting the guy if he didn't think guys who download child porn are bad guys

while we're talking about "common sense" how abt those of us who consume porn stick w. porn sites where all models are guaranteed to be 18 or older, and don't download stuff that looks like it could be of any underage person? how is that so hard? if this guy had used his OWN common sense and not downloaded stuff he knew to be illegal he wouldn't have this problem now

there's a parish (county) near me where they're constantly setting up stings to capture guys who want to download porn and set up meets w. girls under age 18, ok, true, they're actually adults, not girls of say 16, but if there's still somebody so stupid that they can't figure out that these teen girls online so eager to meet people are really law enforcement agents...if you're lonely and want to meet people, go to a freaking bar where everybody is screened to be over age 21, how hard is that?

in a way sure i feel sorry for the guy because he's a DUer's nephew, but in another way...it's real hard to feel sorry for some situations, i just don't get why anybody with half a brain would be in that situation, there's no reason for it

[MajorChode]

9. Prosecution of post-pubescent child pornography is very rare

The prosecutor MUST prove those involved were under 18. I find it hard to believe the porn the guy was caught with was all 17 yr old girls and I find it even harder to believe he would have not known they were underage. It's also very hard to believe the prosecutor would have apologized because he could have very easily used prosecutorial discretion and not prosecuted the case in the first place. If the guy actually is college educated and 35 yrs old, he damn well should have known better.

[triguy46]

16. That is true.

He also confessed as soon as he was arrested, had waived his Miranda rights. Was scared shitless. It was post-pubescent. And yes he is a dork. His atty had to deal with that.

[old mark]

13. Thanks for the fucking lecture - I was asking a question because I wanted

to know which state was prosecuting people on such a difficult, tenuous charge.

I stand by my statement on the law whether you like it or not.

m

[conscious evolution]

14. guaranteed to be 18 or older

Something I discovered on a porn site once.Many,if not most,such sites have a link to their US Code Title 18 page,which covers documentation of age for legal reasons.I used to assume that if the site owners had such a link it would be a legit link to the documentation.One day I got curious and clicked the link only to discover it was a link to another porn site.
Scared the bejezuss out of me.Learned a harsh lesson that day.Now,when I go to porn sites the first link I click is the Title 18 link.If it goes to another porn site I do to.

I have to wonder how many people have been busted or are at risk of being busted for unknowingly having underage porn on their computer after being lead to think it was made by people over 18 by a fake Title 18 link.

[madinmaryland]

5. Well, he is definitely screwn. The "sex offender" thing is the Scarlet letter of this era.

I don't know what happened, but I assume it was at least somewhat serious.

He is going to have a difficult time finding any work. Maybe through family, but as I said before, the sex offender list will kill just about any job chances.

I wish him the best of luck, but the laws are designed to ruin people instead of bring them back into society as productive members of society.

[LynneSin]

7. how does one classify it as 'underage'

and how did they catch him.

It all seems fishy but perhaps he just went the wrong place. Perhaps a new lawyer could get him off with entrapment

[triguy46]

17. No need for all the details.

The prosecuter dropped the "child" part because of some assessment/evaluation/bargaining that the pics were of people under 18, but older than 14.

[redqueen]

26. Yes, it does seem fishy... if there was a fake Title 18 link,

or some other such information which led him to believe the pictures were legal, then it seems like it would be difficult to convict.

[gl_5500]

8. that sound terrible. best wishes

[elleng]

10. Think about social help type places;

maybe you could look into them beforehand, to get an idea. His experience might be useful/able to help others.

Thoughts and prayers from me.

[REP]

11. He needs to talk to a lawyer to see if it can be expunged

It can be done, but a lawyer is who to ask about it.

I know someone who had job interviews while in a min security fed prison and was hired before he was released. The situation is not great, but it's not the end of the world. (Not trying to be flippant; just hopeful.) Get all the help you can, and this could much less worse than it seems now.

[triguy46]

19. good advice, thanks. Your point is well made...

he's always had social issues, but at this point he is more mature, thoughtful and realistic than he has ever been. His mom and I both feel that there is some sliver of good to come out of this.

[grasswire]

12. it is possible to make his own job

There are plenty of ways to build a career or a life of work without ever having to submit to questions regarding criminal background. You don't say what his degree is in, but I think no matter what it is, there is a way to make one's own job.

He should use his time inside to develop that. Study a trade, use the library, whatever.

But he must also keep his nose very very clean. Stay out of trouble in prison, just mind his own business and watch his back and be very careful about his associations.

I've visited many prisons and read thousands of letters from prisoners. He can get through this, and he still has a future. Having a supportive family makes a huge difference in recovery.

[TZ]

15. Not only that...

but he'll likely be treated like shit by any neighbors because he has to list where he lives. I fucking hate those sites that tell you what "sex offenders" live in your neighborhood. Usually leads to witch hunts because it does not give the full story.

[triguy46]

18. Yep. In Oklahoma where I'm at....

those laws have pushed these folks out to rural areas, cannot find places in town.

[MajorChode]

20. In Texas it lists their crime and the age of the victim

I don't know of any witch hunts, but I'd kinda like to know if a kid rapist lives in my neighborhood. I could care less if they put kiddie porn downloaders on the list, and I'm not sure they do.

[TZ]

21. How about having a kid convicted of statuatory rape

for having sex with his girlfriend put on that list? Because most of the places that have these lists don't distinguish in a way that most people will know. There was a case of a kid up this way harrassed horribly and threatened with death because of this. Somehow that sounds like a witch hunt to me.

[MajorChode]

23. I think you can make the list as young as 10 in Texas

I'm not too sure about that as I'm just going on memory from what I've heard in the news. I've never seen anyone underage on the list, but I've only looked in my general area. You can petition the court to be removed from the list, and I suspect a lot of underage offenders are excluded this way. I have my own ideas about how it should be done which include only listing federal tier III and some tier II offenders and filtering out those who are low risk. However, I'd rather have the list than not have anything. There are some particularly nasty individuals who are on the list and well deserve to be.

A guy I know and had business dealings with lost his business after his customers found out he raped his 9 yr old stepdaughter. While that may be unfortunate, I have no sympathy for him. If I believed in hell I'd like to think there's a particularly warm spot reserved for those who allow their perverted sexual urges to destroy the lives of children.

[suninvited]

24. I think you would feel differently about those sites

had you ever had a child molested by a neighbor, which could have been prevented had you known that a child molester was living on your street.

This happened to my son in the days when the internet was pretty new, and those sites didnt exist.

[snooper2]

25. This isn't enough information for you?

Name: TIMOTHY JAMES GAUDREAU Registration #: 04450103
Aliases: TIMMY GAUDREAU
TIMOTHY GAUDREAU
TIMOTHY J GAUDREAU
TIMOTHY JAMES GAUDREAU

Physical Description
• Age: 37 • Height: 6'02''
• Sex: M • Weight: 190lbs
• Race: Caucasian • Eyes: Brown
• Hair: Brown
• Scars/Tattoos:

Address
2616 Laurel Lane Plano, TX 75074 View Map

Offenses
• Description: 22.011(a)(2) - 36990013-F3-Sexual Assault Child
• Date Convicted: 01/11/1994
• Conviction State: Texas
• Date Released: 09/30/2003
• Details: OFFENCE OCCURRED IN HUNT CO.
• Description: 22.011(a)(2) - 36990013-F3-Sexual Assault Child
• Date Convicted: 01/11/1994
• Conviction State: Texas
• Date Released: 09/30/2003
• Details: OFFENCE OCCURRED IN HUNT CO.

[Gormy Cuss]

27. What constitutes "sexual Assault child" in TX?

Here's a brief summary.

The crime of sexual assault as it applies to a child younger than 17 mirrors the adult sexual assault statute, except it removes the notion of consent. A person commits the offense of sexual assault against a child if he or she:

(1) causes the penetration of the anus or sexual organ of a child younger than 17 years of age by any means;

(2) causes the penetration of the mouth of a child younger than 17 years of age by the sexual organ of the actor;

(3) causes the sexual organ of a child younger than 17 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(4) causes the anus of a child younger than 17 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or

(5) causes the mouth of a child younger than 17 years of age to contact the anus or sexual organ of another person, including the actor.

As compared to sexual assaults involving adults, consent is absolutely and wholly irrelevant....

In your example, Mr. Gaudreau was ~20-21 at conviction -- young enough to think teenagers are dating material. What remains unsaid in the sex offender summary is whether his conviction was based on consensual sex with a 16 year old, because the law excludes consent in the determination, or whether it was with a much younger child. While he was guilty of the offense either way an idiot unaware that sex with a 16 year old can land him in jail is not as worrisome as a community risk as someone who rapes a 5 year old.

eta clarification

[Ptah]

22. Visit him whenever possible.

If you can't visit him, write regularly.

[triguy46]

29. Between sister, fiance and me, we have nearly all weekends covered.

[mike_c]

28. I suggest a career in teaching....

I know, that sounds snarky, but it's not. When I applied for dozens of university prof jobs, right out of grad school and a post-doc, NOT ONE asked any questions about criminal records. I could be an axe murderer for all my employers know....