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Had Vilca actually molested a child, they note, he might well have received a lighter sentence."To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands," said Douglas Berman, a law professor at Ohio State University, who highlighted Vilca's case on his blog, Sentencing and Law Policy.
Hollander said Vilca had consistently said he did not know the images were on his computer.
He refused a plea bargain of 20 years in prison, after which the state attorney increased the charges. Troy Stabenow, an assistant federal public defender in Missouri's Western District, noted that most people assume that someone who looks at child pornography is also a child molester or will become a child molester, a view often mirrored by judges.
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A circuit court judge in Florida clearly thinks so: On Thursday, he sentenced Daniel Enrique Guevara Vilca, 26, a stockroom worker whose home computer was found to contain hundreds of pornographic images of children, to life in prison without the possibility of parole.
But the severity of the justice meted out to Vilca, who had no previous criminal record, has led some criminal justice experts to question whether increasingly harsh penalties delivered in cases involving the viewing of pornography really fit the crime.
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