A Pennsylvania man convicted on child pornography charges compulsively collected the illegal images because he suffers from Tourette syndrome and was isolated from normal childhood relationships by his parents, a forensic psychologist testified at the man's sentencing hearing.
The Pittsburgh Tribune-Review reports that Kelly Hardy, 40, pleaded guilty to possession, receipt and transportation of child pornography. Federal sentencing guidelines recommend a sentence of from 30 years to life in prison.
His attorney urged the U.S. District Court judge to disregard the recommendation in light of the mitigating factors in his case.
Defining Mitigating Factors
Mitigating circumstances are, in criminal law, conditions that may influence a reduction of the penalty imposed by a court upon conviction. Mitigating factors in child pornography and sex offenses can include the following:
- Diminished or impaired capacity: If the defendant has a diminished mental capacity due to physical or mental impairment, or in some cases, impairment due to alcohol or drug use or addiction
- Minor or passive participation: If the defendant's participation in a criminal act was relatively minor or passive
- Duress or coercion: If the defendant was under duress or was being coerced into committing a criminal act
- Criminal history: The defendant has no prior criminal record or no significant history of criminal conduct
- Disturbance: The defendant committed the offense because of a severe emotional or mental disturbance
- Other mitigating factors: A defendant's age, health, inclination to reoffend, military service, etc
A defendant should never rely on the good will of prosecutors or a court in recognizing mitigating circumstances. Defendants must actively, articulately describe and define mitigating factors to the court at trial or at sentencing, making appropriate legal representation crucial.
An experienced New York criminal defense attorney can help identify and explain mitigating circumstances to the court. If you face charges related to sex crimes, child pornography or child exploitation, contact a criminal defense lawyer for an evaluation of your legal options.
