Oklahoma City Man Arrested on Child Porn Complaint

An Oklahoma City man accused of downloading child pornography allegedly told police he had been doing so for the past ten years, at a rate of roughly 100 pictures a week. Last week, Canadian County sheriff's deputies and Oklahoma City police officers executed a search warrant at the northwest Oklahoma City home of James Malbrough, 33, after an Internet Crimes Against Children (ICAC) task force determined that child pornography was downloaded and distributed from a computer in the home. They say they discovered hundreds of pornographic images of children as young as 6 years old on Malbrough's computer. According to Canadian County Undersheriff Chris West, Malbrough admitted to downloading the images for the last decade, but denied ever sexually abusing children. However, police say that during a polygraph examination, Malbrough said he was "very close" to acting out his fantasies with children. Canadian County Sheriff Randall Edwards called the arrest a success in protecting children from sexual abuse: "This is a shining example of how this program continues to protect the lives of innocent children from the depravity of these sexual predators. There's no telling how soon Malbrough may have acted out on his sick fantasies." Malbrough was arrested on complaints of possession of child pornography and distribution of child pornography. He was booked into the Oklahoma County Jail on $20,000 bond. Downloading, possessing, and distributing child pornography are violations of both state (21 O.S. § 1021) and federal law (18 USC § 2256). Penalties are severe when it comes to the sexual exploitation of children. In Oklahoma, a first offense of possession of child pornography is punishable by 10 years in prison, but subsequent offenses can lead to much lengthier terms. Under federal law, a first child pornography conviction brings a minimum of 5 years in prison and a maximum of 20, but on a second or subsequent conviction, the maximum term is 40 years. State law also inflicts additional penalties for violating the Oklahoma Computer Crimes Act by using a computer to break any state law. Child pornography is a Level 1 sex offense in Oklahoma, meaning that anyone convicted must register as a sex offender for a period of 15 years after the completion of his or her sentence. In reading media accounts of Malbrough's arrest, it seems that he made some critical mistakes in dealing with the police--notably, he spoke to police, admitted guilt, and agreed to take a polygraph test. Perhaps he felt that cooperating with the investigation would be the best way to get police and the court to show leniency; however, law enforcement and prosecutors are not typically inclined to show leniency to anyone accused of the sexual exploitation of children. In any criminal investigation, it is in the best interest of the suspect or defendant to invoke his or her right to silence and insist upon the presence of a criminal defense attorney. View site to find out how an attorney can help you if you are under investigation or under arrest.

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