As with many federal crimes, the U.S. Sentencing Commission has established sentencing guidelines for child pornography offenses.

Lately though, federal judges have been refusing to follow the recommended federal sentencing structure. They say the guidelines impose sentences that are unduly harsh when compared to the severity of the crime.

As one retired Boston federal court judge told the Boston Globe, "the guidelines don't make sense, even for one who wants to be tough on pornography. The measure of the guidelines doesn't match the culpability of the defendant."

In 2003, Congress imposed new penalties for child pornography possession that effectively caused sentences to double. In addition to the base penalty - usually between 27 to 51 months for a single charge - defendants can receive additional prison time for certain "enhancements" to the offense. However, many of the judges claim that these enhancements aren't really aggravating factors, but rather ordinary elements of the crime. For example, defendants will receive extra prison time if the offense involved a computer or depictions of children under age 12, even though these elements are present in more than 90 percent of child pornography cases.

When all the enhancements are added up, individuals convicted of receiving child pornography could end up spending 20 years in prison - a longer sentence than the guidelines recommend for crimes involving guns, physical violence or abuse.

Boston Judges Leading the Charge

Boston federal court judges are some of the most outspoken critics against the federal sentencing guidelines.

Last month, a judge sentenced a Dedham man to 21 months in prison, even though the guidelines recommended a 63 month sentence. In 2010, a judge ignored the guidelines' recommendation for a six to eight year prison term and instead sentenced a Springfield man to four years of probation.

Not all Boston-area defendants have gotten relaxed sentences, though. An Acton man was sentenced last summer to 13 years in prison and a lifetime of probation; the judge was swayed by the fact that the man had run a fitness and education program for small children.

Source: Boston Globe, "U.S. Judges Balk at Rigid Child Porn Sentences," Milton J. Valencia, Feb. 12, 2012.