8-6-2008 Pennsylvania:
In an unusual federal obscenity case, a Monroeville man admitted today that he used software for photographs to create computer images of a 14-year-old girl being sexually abused, although no actual abuse took place.
Henry Kendall pleaded guilty in federal court to one count of possession of obscene visual representation of the sexual abuse of children.
Federal prosecutors agreed to drop a second charge of possession of child pornography.
A girl known by Mr. Kendall was depicted on Mr. Kendall's computer in bondage and being sexually abused. Someone saw the images and reported them to authorities.
When they raided the home, U.S. postal inspectors and FBI agents said the man admitted to them that he used Photoshop software to create the bondage scenes and superimpose images of his penis into the pictures.
In court today, Assistant U.S. Attorney Stephen Kaufman told the judge that the images are "clearly obscene."
Under federal law, possession of any depictions of the sexual abuse of children, even fake ones, is illegal. ..News Source.. by Torsten Ove, Pittsburgh Post-Gazette
Man gets 2 years in prison for creating child porn images
8-1-2008 Pennsylvania:
Henry Kendall didn't victimize the girl physically.
Though he had photographs of the 14-year-old in bondage, with male genitalia featured, Mr. Kendall never touched her.
Instead, he took pictures of her from a computer and used software to morph regular photos into child pornography.
Yesterday, he was sentenced to two years in prison for violating federal obscenity law, which prohibits possessing visual images of the sexual abuse of children.
He faced a recommended guideline range of 37 to 46 months in prison.
Mr. Kendall's defense attorney, Patrick Thomassey, argued that any kind of prison term didn't make sense.
"I represent real criminals in real cases," he said. "And this is not a real criminal.
"This is something he did at home, on his own computer, never intending to share with anyone. It's equivalent to drawing something."
Mr. Kendall, 46, of Monroeville was caught when the girl's brother saw the images on the computer. He downloaded them to his iPod and went to the police.
When investigators served a search warrant on Mr. Kendall's home, they found four such images, along with one video involving child pornography.
Mr. Thomassey said he didn't believe his client posed a danger to society. But U.S. District Judge David S. Cercone took issue with that.
"There are signs that he is potentially a danger to the community," the judge said.
Assistant U.S. Attorney Stephen R. Kaufman said that Mr. Kendall showed a strong sexual interest in the girl.
"The harm goes beyond how the child victim feels," he said. "This situation has really ripped apart this family."
In addition to his prison time, Mr. Kendall also will be required to serve seven years supervised release and register as a sex offender. ..News Source.. by Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
August 6, 2008
PA- Man admits morphing photos into child sex abuse image
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