a father tried for possession of child pornography images

This Thursday, January 16, 2025, B. 63 years old, originally from Cahors regionwas prosecuted before the Lot criminal courtfor the possession and dissemination via the internet, of images of minors presenting a pornographic character. A senior technician, married, father of two children, until today, B. enjoyed a clean criminal record.

Denounced by a porn site lover

According to the facts mentioned by Michel Huyette, the reporting judge, 22 files of images of minors of a pornographic nature were found on the B. computer equipment, mobile phone and computer.

It was an Internet user, also browsing pornographic sites, who reported to the police the request made by B. offering to bring his daughter and his wife for sexual exhibitions, during a weekend in Cape Town – from Agde. From then on, legal investigations were launched, which went back to B. His mobile phone, 5 computers and hard drives were then seized. Investigators have noted an exponential number of consultations of pornographic sites since February 2024, based on keywords relating to young girls… Some 2,000 addresses have been identified. He got his hands on 380 pornographic images, particularly violent scenes; hanged women and others in relation to animals…

22 image files of naked minors, whose age range is between 10 and 16 years old, were seized over a period of three years. B. was arrested on June 18, 2024. Following the revelation of these facts, his wife initiated divorce proceedings.

» It was fantasy, just cerebral! “

B. told investigators that he had slipped into criminal territory, following a drop in his libido and the end of relations with his wife. He specifies that he no longer has sexual relations “my body no longer keeps up”. He says he did not publish prohibited images, but admits to having posted some advertisements. He did not imagine, he said, that these consultations could be reprehensible.

– “It’s only virtual, we get excited, but there is no contact! » he maintains to the investigators. B. assures that he considers that there were no minors in these images, but only adults with a juvenile appearance. “It was fantasy, just cerebral! » he assures. He states that he did not take photographs of this type himself, nor did he ask for them. He admits to having searched for teenage girls, “but not minors!” »

As for the photograph of a naked girl, visibly underage and in an obscene posture, he declared: “I must have received it! These are people who spontaneously sent me all kinds of photographs, but I didn't forward them! » B. believes that it is not youth pornography, because there are no photographs depicting sexual relations.

“Walking the Way of Saint James to find meaning in my life”

B. took the initiative to consult a psychologist and a psychiatrist, to help him “get the bad thoughts out of his head”. According to him, he lost his footing when he went to an internet platform to buy a classic car and on this same site there is a tab for dating ads. He then allegedly came across photographs of naked women. Thus he would have put his finger in the infernal spiral, like a victim, so to speak. B. at that time, was going through a bad time, following a dismissal for economic reasons. “The worst thing is that I thought I wouldn’t hurt anyone,” he repeats. Now, he would like to travel the Camino de Santiago, “to find meaning in my life again,” he hopes. The consultations with the psychologist and the psychiatrist have already “changed” his life. And he adds: “I think I've managed to turn the page, because I'm so ashamed of it all! »

– “At no time have you asked yourself the question, in relation to your children? » asks the president.

– “Not before!” but since I was followed, yes! » he replies.

– “Why not react, like the person who denounced you, rather than trying to do more? »continues the president.

– ” I don't know ! » he affirms.

– “And why did you keep these images in an index file? »concludes the magistrate.

– “I don’t know, because I never reopened them. » he assures.

M^me Vallat, Deputy Prosecutor, recalls the desire of the public authorities to fight against this delinquency, especially since France is ranked 3^e place in the number of hosts of this type of site, generating content prohibited by French law. The magistrate denounces a certain nonchalance on the part of the defendant who received these photographs without asking too many questions or measuring their seriousness. She worries that at one point, B. did not differentiate between the virtual and what is real life. However, she insists, “these are minors staged and consulting these sites only confirms their existence! “. She castigates the behavior of the defendant, who went under the regulatory radar, until he was denounced; Possession of such photographs is considered participation in this type of activity and constitutes an offense. “This is a serious offense because we don’t touch children! » she chants. Regarding the sentence to be pronounced, while noting that B.'s criminal record is clean, it requires 9 months of suspended prison time with socio-judicial monitoring of 3 years. It adds a ban on contact with minors and a ban on activity that could bring him into contact with minors, for 3 years. In the event of non-compliance with the obligations, the defendant will face 2 years in prison. In addition, registration with the Fijais (automated judicial file for perpetrators of sexual or violent offenses) is required.

Photos of naked minor girls lead to conviction

Me Laurent Belou first mentions a recommendation from ARCOM (Regulatory Authority for Audiovisual and Digital Communication) which aims to prevent access to pornographic sites for minors. At the same time, the latest study on the subject estimates at 1.2 million the number of minors who, from the age of 10, browse the internet, without parental control, to view pornographic films. The former President of the Bar is outraged by such a situation, which can only get worse, according to him, upon reading the declarations of Elon Musk and Mark Zuckerberg, extremely wealthy Americans who are in favor of the liberalization of trade and markets. on the internet, in particular. “This is a catastrophe for our humanity! » he exclaimed. Regarding his client, he returns to the internet platform initially consulted for a used vehicle sale and on which there is a “Meetings” tab. By clicking on it, B. found himself in the presence of images of naked women and one thing led to another arriving on a pornographic site, which in itself is not prohibited. “Except that there are 22 photos in the file which pose a difficulty, because they are naked young girls,” observes Me Belou. The lawyer insists: “There are no young girls subjected to adults in these photos, no sexual acts! » However, the former president recognizes that this is an offense, because the law prohibits the possession of this type of images; a ban based on the fact that these children are the victims of abuse, destructive to their personality. Me Belou uses the analysis of a psychiatrist, who noted a neurotic aspect in B.'s personality dating back to his childhood, following the premature death of his father, before being entrusted to his grandparents. The fact that B. no longer had sexual relations with his wife may have played a role in the act, which would explain his search for an outlet… “He almost lost everything in this story! » comments Me Belou again, alluding to the divorce proceedings initiated by his wife. He suggests that the court pronounce socio-judicial monitoring and a suspended prison sentence, as long as possible, accompanied by long-term psychological monitoring. B. returns to the stand and declares: “For me, this is going to be another life! »

After deliberating, the court sentenced B. to a prison sentence of 9 months suspended for a period of 3 years, accompanied by an obligation of care, a ban on contact with minors and a ban on activity. in connection with minors, €5,000 fine, registration with Fijais, confiscation of mobile phone.

The defendant has 10 days to appeal.

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