RECOMMENDATION 53

Part: 
Three
Chapter: 
3

State legislatures should amend or enact legislation, if necessary, to permit judges to impose a sentence of lifetime probation for convicted child pornographers and related offenders.

Many people convicted of child pornography and related offenses present unique. problems for the judicial and penal systems. The recidivist rate for pedophile offenders who act on their sexual desires is second only to exhibitionists.[621]

An effective method of balancing the needs of the offender and the need to protect society may be the use of a sentence of lifetime probation. The state legislatures may amend their sentencing statutes to provide for supervised as well as unsupervised probation.

This amendment would give judges and probation officers a tool to monitor convicted child pornographers who pose a specific threat to society. The availability of unsupervised probation may become an important tool in the event the offender repeats the crime or a similar offense. Although unsupervised, the probation still holds the threat of future incarceration and allows the state to retain jurisdiction over the person.

Notes

  1. American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 271(3d ed. 1980).