Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 *guilty* #3

Welcome to Websleuths!
Click to learn how to make a missing person's thread

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
RSBM

The two prisons recommended by the judge are low security prisons and have an adjacent minimum security satellite camp. My guess is he will be in the low security prison. Here, he will not have the ability to leave the prison grounds. Here is a link describing the different levels of federal prison.


MOO
Sex offenders are not permitted in camps.

My understanding is that the sex offender treatment programs require recognition by the offender that s/he is a sex offender. AFAIK, Josh (and several of his family) have decided there's no guilt here.

The best overall presentation I've found about sex offender assignments is here. It may suggest more precisely where Josh will end up.
 
Being in minimum security prison just increases the risk of him continuing his disgusting behavior with easier access to cell phones, possibility of "work-release" programs, etc. IANAL, but much of his sentence relies on the local/state LE and criminal justice system to enforce. Not good. Hopefully, he'll be caught violating the terms of his sentence while still incarcerated and be locked up for life.
Snipped for focus...

I haven't seen anywhere that federal sex offenders are eligible for minimum security.
 
Last edited:
Sex offenders are not permitted in camps.

My understanding is that the sex offender treatment programs require recognition by the offender that s/he is a sex offender. AFAIK, Josh (and several of his family) have decided there's no guilt here.

The best overall presentation I've found about sex offender assignments is here. It may suggest more precisely where Josh will end up.
Will be interesting to see how much the judge’s suggestions are taken into consideration. Any clue as to how long the placement process takes?
 
Defense attorneys had asked for a five-year stretch, the lightest possible punishment, insisting that Duggar, said to be a devoted dad and committed Christian, maintained his innocence and intended to appeal.

They argued that, of the approximately 600 [CSAM] images identified by investigators, only a small portion had been viewed and none of those fell into the category of 'sadistic or masochistic'.

Prosecutors demanded a 20-year term – the maximum possible – arguing that it was hard to think of anything more sadistic that a grown man raping a little girl.

They said Duggar had never sought treatment or shown any acceptance of his warped appetites and thus had a high chance of re-offending.

To illustrate the lasting devastation done to child *advertiser censored* victims, the government reproduced testimony from the mother of a young girl who had appeared in one of the videos Duggar downloaded.

'My daughter is a real person,' the mother stated. 'She was horribly victimized to provide this source of 'entertainment'. She is exploited anew each and every time an image of her suffering is copied, traded or sold.

'I asked my daughter what she most wanted to ask of the judge. Her request: 'Please, don't let them pretend no-one's getting hurt!'

'She had some words for the defendant as well: 'don't you know no one should do that to a little girl! Don't you know it hurts!'

Recalling the mother's words in court, Judge Brooks described the testimony as 'chilling'.

'For the victims it never goes away. It's on the internet, probably for forever,' he told the court, which was packed with Duggar's friends and family.
https://www.dailymail.co.uk/news/ar...l-child-*advertiser censored*-conviction.html

It's hard to understand exactly what Josh's defense team is claiming when saying he's innocent because someone at the car dealership could have hacked his computer and downloaded the CSAM. At the same time his defense team argued for leniency in sentencing because they claimed that only a small portion of the 600 images were downloaded and none were 'sadistic or masochistic'.

How is Josh going to enroll in a treatment program if he insists he is innocent?

Does Anna truly believe Josh is innocent and safe to be around her children or is she playing some strategic game in order to assure she and her kids have a home and money to live on? Either way IMO the letter from Anna that's in the DM article is extremely self-serving.

As for the appeal I think it's not going to be successful; in the article it's noted that in evidence is a cell phone photo that shows Josh's reflection on the computer screen. The metadata showed 4:20pm on May 14, 2019 – less than an hour before Duggar's computer downloaded CSAM entitled 'webcam collection'.

There's also a receipt in evidence that Josh transacted a car sale the same day. Josh was specifically named as the salesperson. More info at the link.

P.S. WS censor bot won't properly link the article due to the use of [CSAM] alternative word in the link. Google Josh Duggar and the article will come up.
 
For some reason I thought sex offenders in prison were required to attend sex offender treatment programs while incarcerated. But the judge said he doesn’t have to.
They are not required. They have to admit they need it first. No sign that Josh, his parents, his wife, or some relatives have gone along with the charges. The opposite, according to the trial and the judge's sentencing. So, yep, participation is voluntary.

I'm thinking unwillingness to accept accountability for sex offending may increase Josh's security level, because it would make him more dangerous and more apt to re-offend.

I have posted the relevant guidelines for sex offender treatment (provided by BOP) recently ^^^^.


Note on page 17:
  • The inmate must sign an Agreement to Participate in Sex Offender Treatment Program form, (BP-A0957) indicating that he/she volunteers for participation in a sex offender treatment program.

You can also get thrown out of the program....

So far IMO, Josh hasn't done anything to suggest that he will cooperate with any sex offender program.
 
Last edited:
They are not required. They have to admit they need it first. No sign that Josh, his parents, his wife, or some relatives have gone along with the charges. The opposite, according to the trial and the judge's sentencing. So, yep, participation is voluntary.

I'm thinking unwillingness to accept accountability for sex offending may increase Josh's security level, because it would make him more dangerous and more apt to re-offend.

I have posted the relevant guidelines for sex offender treatment (provided by BOP) recently ^^^^.


Note on page 17:
  • The inmate must sign an Agreement to Participate in Sex Offender Treatment Program form, (BP-A0957) indicating that he/she volunteers for participation in a sex offender treatment program.

You can also get thrown out of the program....

So far IMO, Josh hasn't done anything to suggest that he will cooperate with any sex offender program.
Thank You for the information.
 

Is Josh Duggar Required To Serve His Full Sentence?​


When it comes to federal crimes, some of the rules are different for early release and parole.

According to Pew Trusts, federal inmates are not eligible for parole like inmates may be in some states. Pew Trusts also notes that “all federal prisoners must spend a minimum of 85 percent of their sentences behind bars before becoming eligible for release, with a maximum of 15 percent set aside as a reward for good behavior.”

This is because of the Sentencing Reform Act of 1984.

So, because Josh Duggar is a federal inmate, he will not be eligible for parole and he will have to serve most of the years of his sentence. 85% of his 151-month sentence is 128 months. So, at the least, he will spend roughly 10-and-a-half years in prison.
 

Is Josh Duggar Required To Serve His Full Sentence?​


When it comes to federal crimes, some of the rules are different for early release and parole.

According to Pew Trusts, federal inmates are not eligible for parole like inmates may be in some states. Pew Trusts also notes that “all federal prisoners must spend a minimum of 85 percent of their sentences behind bars before becoming eligible for release, with a maximum of 15 percent set aside as a reward for good behavior.”

This is because of the Sentencing Reform Act of 1984.

So, because Josh Duggar is a federal inmate, he will not be eligible for parole and he will have to serve most of the years of his sentence. 85% of his 151-month sentence is 128 months. So, at the least, he will spend roughly 10-and-a-half years in prison.
Jumping off your informative post with a few questions, if anyone has the answers…

Would Josh have to take responsibility for his actions before he could be eligible for early release?

Would his refusal to participate in an offender program count against early release?

IMO he’ll never admit it. His supporters willcontinue to claim Josh is an innocent little lamb and it’s all a plot by the radical left.
 
Jumping off your informative post with a few questions, if anyone has the answers…

Would Josh have to take responsibility for his actions before he could be eligible for early release?

Would his refusal to participate in an offender program count against early release?

IMO he’ll never admit it. His supporters willcontinue to claim Josh is an innocent little lamb and it’s all a plot by the radical left.

I believe that he might have been given a reduced sentence if he had shown any remorse for his crimes. But since he doubled down on denial, and has also filed an appeal, which is definitely his right, it also shows that he has zero interest in accepting responsibility or is receptive to sex offender treatment.

He will probably serve his full sentence unless he changes.
 
I believe that he might have been given a reduced sentence if he had shown any remorse for his crimes. But since he doubled down on denial, and has also filed an appeal, which is definitely his right, it also shows that he has zero interest in accepting responsibility or is receptive to sex offender treatment.

He will probably serve his full sentence unless he changes.

I wonder how many years he would have served with a plea deal?

In most cases federal defendants take plea deals which give them less time, sometimes substantial less time, then if they go to trial and lose their Case.

https://www.the-sun.com/entertainme...d-plea-deal-child-*advertiser censored*-case/


If he had accepted the plea deal, he would have admitted his guilt and could be given a lighter sentence as a result.

As mentioned, Josh has continued to maintain his innocence, so he refused the plea deal.

In an email to Josh’s attorneys on March 12, the prosecutors wrote:

“The plea agreement contains a statement of facts, which should be a good summary reference when you are reviewing the discovery material. Significantly, Duggar’s cellular phone-including text messages he sent and pictures he took places him at the car lot on the date/times the child *advertiser censored* images were downloaded and distributed.”
 
Last edited:
Jumping off your informative post with a few questions, if anyone has the answers…

Would Josh have to take responsibility for his actions before he could be eligible for early release?

Would his refusal to participate in an offender program count against early release?

IMO he’ll never admit it. His supporters willcontinue to claim Josh is an innocent little lamb and it’s all a plot by the radical left.

There is no requirement to show remorse to get the 15% time credit. It's actually assumed that the prisoner gets the credit when they arrive in prison, their release date on the BOP website will show a date that reflects the time credit being factored in.

There is a separate program that he could participate in to earn more time credits but that one would likely require him to show remorse because it's a recidivism reduction program. It's part of the First Step Act and first time offenses crimes related to CP are eligible to participate (source).

The First Step Act of 2018 provides eligible inmates the opportunity to earn 10 to 15 days of time credits for every 30 days of successful participation in Evidence Based Recidivism Reduction Programs and Productive Activities. The earned credits can be applied toward earlier placement in pre-release custody, such as RRCs and HC. In addition, at the BOP Director’s discretion, up to 12 months of credit can be applied toward Supervised Release. Inmates are eligible to earn Time Credits retroactively back to Dec. 21, 2018, the date the First Step Act was enacted, subject to BOP’s determination of eligibility.

It isn't full early release back to society but it could include earlier release to a halfway house or something similar. But he would need to participate in evidence based recidivism reduction programs which I don't think he will do if it requires him to admit guilt.
 
I wonder how many years he would have served with a plea deal?

In most cases federal defendants take plea deals which give them less time, sometimes substantial less time, then if they go to trial and lose their Case.



If he had accepted the plea deal, he would have admitted his guilt and could be given a lighter sentence as a result.

As mentioned, Josh has continued to maintain his innocence, so he refused the plea deal.

In an email to Josh’s attorneys on March 12, the prosecutors wrote:
I’m not sure The Sun is a reliable source for this information about a plea deal. How can someone be offered a plea deal before they’ve been charged with anything? I cannot find any other source that has reported this, which is suspicious to me.
 

Is Josh Duggar Required To Serve His Full Sentence?​


When it comes to federal crimes, some of the rules are different for early release and parole.

According to Pew Trusts, federal inmates are not eligible for parole like inmates may be in some states. Pew Trusts also notes that “all federal prisoners must spend a minimum of 85 percent of their sentences behind bars before becoming eligible for release, with a maximum of 15 percent set aside as a reward for good behavior.”

This is because of the Sentencing Reform Act of 1984.

So, because Josh Duggar is a federal inmate, he will not be eligible for parole and he will have to serve most of the years of his sentence. 85% of his 151-month sentence is 128 months. So, at the least, he will spend roughly 10-and-a-half years in prison.
Are sex offenders eligible for this sentence reduction?

Perhaps, too, a crime involving children might make it harder to qualify. Josh also had a history of "contact" crime because of his history of molesting young girls. That would be sexual assault. It's possible one or both of these categories are considered "violent".
 
Last edited:
Are sex offenders eligible for this sentence reduction?

Perhaps, too, a crime involving children might make it harder to qualify. Josh also had a history of "contact" crime because of his history of molesting young girls. That would be sexual assault. It's possible one or both of these categories are considered "violent".
The judge followed the sentencing guidelines (which are set in stone) for the crimes that Josh was convicted of. He was not convicted of sexual assault. If Josh follows the rules while behind bars, I do not see how, legally, he could be required to serve the full 100% of his sentence. There is no doubt this would be appealed.
 
Are sex offenders eligible for this sentence reduction?

Perhaps, too, a crime involving children might make it harder to qualify. Josh also had a history of "contact" crime because of his history of molesting young girls. That would be sexual assault. It's possible one or both of these categories are considered "violent".
The only people not eligible for the 54 days of credit per year (15% sentence reduction) are people serving a life sentence or people in prison for less than 1 year.

 
Are sex offenders eligible for this sentence reduction?

Perhaps, too, a crime involving children might make it harder to qualify. Josh also had a history of "contact" crime because of his history of molesting young girls. That would be sexual assault. It's possible one or both of these categories are considered "violent".
They serve 85% of their sentences without parole so he will likely be there the full 85% which is 10 1/2 years.
According to above post he is eligible for the 85% reduction because he is not a lifer and not serving less than one year.
 
https://helenair.com/news/local/cri...fddc318c0.html#tracking-source=home-top-story

I find this interesting, this guy plead guilty, for basically the same crime. He got five years, and five years probation. I wonder if the difference was that he did acknowledge his crimes. And a police chief, no less.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
161
Guests online
1,543
Total visitors
1,704

Forum statistics

Threads
605,803
Messages
18,192,700
Members
233,556
Latest member
Rachel_008
Back
Top