But Miller said he was a little stumped about how to determine an appropriate sentence because the act of Harmon having sex with the girl didn't violate any state laws, regardless of whether some saw it as disgusting. Disseminating the videos constitutes sez of child pornography, which carries a mandatory five-year penalty.
Alvin Dewayne Bell Jr. His guideline range, which also took into drug convictions, left him facing months, or The girl reported that Bell had attacked her in the home about three weeks earlier.
The agent said the girl then told agents she'd had sex with Harmon three times, each time after he picked her up near her high school. Miller said that while he found Harmon's actions "creepy," he couldn't see "giving him a year sentence, essentially a life sentence, for taking a picture or a video. Filming someone younger than 18 who is involved in sexually explicit behavior constitutes production of child pornography under federal law, which is punishable by a minimum of 15 years in federal prison.
The guidelines determine a range based on a combination of the offender's total of "points" combined with his criminal history score. Ultimately, Miller imposed an eight-year sentence. It is legal in Arkansas for anyone older than 16 to have consensual sex with someone older. Harmon pleaded guilty in September to a charge of distributing child pornography in exchange for prosecutors dropping the steeper production charge.
In exchange for Harmon's guilty plea to a new charge of distribution of child pornography, Bryant agreed to drop other child-pornography distribution charges that carried minimum year sentences. In videos obtained after agents searched his Holly Hill Road home on Jan. She told police that she tried to fight him off, but he overcame her, and raped and sodomized her. An FBI agent testified at the detention hearing that the girl's mother contacted the agency after finding evidence of "child ggirls on her daughter's phone.
However, federal judges also Arkansqs consider penalty ranges recommended by federal sentencing guidelines.
Little rock man filmed sex, admits to child-porn count
The videos included images of the girl suspended by Harmon's bedroom ceiling by a chain as he slapped her, as well as images of her arms and legs bound by handcuffs, and images of her wearing a dog collar and performing sexual acts on Harmon. Harmon told Miller that he decided to plead guilty rather than take his chances in a trial because "it's what I need to do. A year-old Little Rock man's sexual dalliances with a year-old girl weren't a crime until the man filmed one of the encounters, creating what Arkanssas law considers child pornography, a federal judge noted Wednesday in accepting the man's guilty plea.
Noting Harmon's age, Miller said that could be a life sentence for him.
Harmon is not a man who is into little children. As with all federal sentences, parole isn't available.
In hearings, dex acknowledged that the girl, who is now 18, claimed to be 18 in notices she posted in an online forum seeking "sugar daddies and sugar babies. A plea agreement that the prosecutor described to the judge notes that sentencing enhancements will be applied for distributing pornography to a minor, sadistic and masochistic conduct, and a pattern of conduct involving sexual abuse or exploitation.
Harmon, who lives near Boyle Park, appeared before Miller in black-and-white-striped jail clothes, having been ordered in April to remain in custody because he posed a potential danger to the community if released. Little Rock man ple guilty to sex with girl, 14 by Arkansas Democrat-Gazette September 21, at a. Bell was arrested Nov.
Attorney Kristin Bryant acknowledged that the guidelines range turned out to be much steeper than she had anticipated, but reminded the judge that she had dropped the production charge, which would have required a minimum sentence of 15 years. He's been in jail since then.
District Judge Brian Miller was Terry Harmon, 64, of Little Rock, who in September admitted having sex on three occasions with a year-old girl he regularly picked up a block from Central High School after she got out for the day. Harmon's range increased ificantly when points were added because the videos showed sadistic or masochistic conduct and because he distributed the child pornography to a minor -- even if Lityle was only the girl herself.
According to a police report, the girl and her father told investigators in January that they had been living with friends at the trailer park at Stanton Road while their trailer was being repaired. But under federal law, "he can't film it.
The girl said she had just finished using the bathroom when Bell, who lived nearby, entered the bathroom. Liytle having pleaded guilty to -pornography charge, Ballard said, "Mr.
Little Rock man filmed sex, admits to child-porn count birls Linda Satter September 7, at a. But Harmon violated federal law when he photographed and made videos of their encounters because the girl was younger than 18 and federal law considers anyone younger than 18 a minor who Liftle too immature to give consent.
The prosecutor said the videos included images of the girl suspended from Harmon's bedroom ceiling by a chain as he slapped her, as well as images of her arms and legs bound by handcuffs, and images of her wearing a dog collar and performing sexual acts on Harmon.
In the detention hearing in April, Bryant argued that the girl was a minor and as such could swx consent to sex with Harmon. A federal judge's sense of fairness clashed Friday with the rigid requirements of federal law as he debated how to sentence a man who faced a mandatory minimum sentence for actions that would have been legal but for the "technical" twist of filming them.
Judges don't have to follow the guidelines but must justify any departures in writing for review by appellate judges. Standing before Chief U. Attorney Kristin Bryant to give him some written guidance addressing those concerns before Harmon's sentencing date, which hasn't yet been scheduled. He also said he wished Rkck could hear from the girl, who now may be an adult, because he had read reports indicating that she raised the issue of having sex with the man as soon as she got into his car after leaving her high school classes for the day.
I wanting sexual partners
The agreement also requires Harmon to register as a sex offender and pay for any treatment needed by the girl. Harmon Lirtle involved in creepy behavior," he said.
Assistant U. She said that despite the girl claiming to be 18 in notices she posted online in a forum seeking "sugar daddies and sugar babies," Harmon knew the girl lived with her se and acknowledged picking her up a block away from school because he felt "a little too old" to pick her up at the school itself. A year-old Little Rock man accused of forcing his way into a bathroom to rape a year-old girl pleaded guilty to a reduced charge of second-degree sexual assault Thursday.
The agreement also requires prosecutors to recommend a sentence at the low end of the penalty range recommended by federal sentencing guidelines.