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

[Shamrock1]

I’ve never instructed a client on how to appear for a mugshot but I imagine it’s the opposite of what Josh did today. That smile/smirk is pretty bad. JMO.

 

[gitana1]

It's going to be VERY hard for her to leave the Duggar compound with 7 children, no job and probably not very many skills. Did she ever work? Did she went to school? She would have to put her kids into day care, preschool and so on, and I'm sure that idea doesn't jive with the brainwashing she has been subjected to all her life. I'm not sure her family would be very welcoming or kind to her.

Anna needs to ask for help. Start by getting situated, get some therapy, get a job, etc. Those kids need her to wake up and do better for them. How long will Josh be in jail?

How could she stay by his side knowing that he was fantasizing about little girls? That's disgusting.

Her brother has offered her refuge from what I’ve seen.

I wonder what happened in 2013?

"The couple, pictured with six of their seven young children, subscribed to a service in 2013 called Covenant Eyes that monitors adult internet use and would report 'objectionable material' to wife Anna, the court heard"

They got married in 2008. The sexual assaults of his sisters became public knowledge in 2015. The affairs and the Ashley Madison scandal happened a few months later. Danica Dillon filed her sexual assault lawsuit later that same year.

So what happened in 2013 that made Covenant Eyes necessary? What did he get caught doing in 2013?

And speaking of Ashley Madison, why on earth would Anna name her latest child Madyson????

Josh Duggar is found GUILTY on two counts of child | Daily Mail Online

Good catch!!

 

[nyvictoria]

I agree. She didn't win "Courtship" lotto! I hope that her family recognizes the potential for a postpartum depression. She recently had a baby, and now this? The stress that gal has had to deal with, married to Josh Duggar. No one deserves it.

At least the baby factory will be closed for the years he’s in prison. I hope she can see that as a positive factor.

 

[sds71]

Shortly after it was revealed Josh, 33, was found guilty, Jill, 30, and Derick, 32, took to their family website to share a statement on the matter.
The statement began: "Today was difficult for our family.
"Our hearts go out to the victims of child abuse or any kind of exploitation.
"We are thankful for the hard work of law enforcement, including investigators, forensic analysts, prosecutors, and all others involved who save kids and hold accountable those responsible for their abuse."
The statement continued: "Nobody is above the law. It applies equally to everybody, no matter your wealth, status, associations, gender, race, or any other factor.
"Today, the people of the Western District of Arkansas made that clear in their verdict.
"As a Christian, we believe we are all equal at the foot of the cross, and, likewise, we are all equal under the law."
Quoting the Bible, they added: "Jesus warned his disciples, “…eware of the leaven of the Pharisees, which is hypocrisy. Nothing is covered up that will not be revealed, or hidden that will not be known. Therefore, whatever you have said in the dark shall be heard in the light, and what you have whispered in private rooms shall be proclaimed on the housetops.” (Luke 12:1-3).

Jill Duggar & husband Derick slam Josh as they say 'nobody is above the law'

 

[jessarox]

Interesting. Anna wearing black. Hummm....

From above linked post

This looks like the same dress she wore on day 1 of the trial. She mostly wore black or gray each day but she did wear a red dress one day.

I wonder what happened in 2013?

"The couple, pictured with six of their seven young children, subscribed to a service in 2013 called Covenant Eyes that monitors adult internet use and would report 'objectionable material' to wife Anna, the court heard"

They got married in 2008. The sexual assaults of his sisters became public knowledge in 2015. The affairs and the Ashley Madison scandal happened a few months later. Danica Dillon filed her sexual assault lawsuit later that same year.

So what happened in 2013 that made Covenant Eyes necessary? What did he get caught doing in 2013?

And speaking of Ashley Madison, why on earth would Anna name her latest child Madyson????

Josh Duggar is found GUILTY on two counts of child | Daily Mail Online

IMO it was their move to the DC area that triggered the subscription to Covenant Eyes. Anna probably wanted to keep tabs on his internet activity since they were in a "liberal" city.

 

[nyvictoria]

I’ve never instructed a client on how to appear for a mugshot but I imagine it’s the opposite of what Josh did today. That smile/smirk is pretty bad. JMO.

Just like Jodi Arias in her first mugshot and we all know how vile she is. I think she wised up and lost the smile when she got to prison. That’s the pic I want to see of Josh, scared and cowering. He’s not going to like big boy prison!

 

[RickshawFan]

I did the math for the federal sentencing guidelines and here's what I came up with:

Base offense 18 U.S.C. §§ 2252A(a)(2) and (b)(1) = Level 22

No intent to distribute - decrease 2 levels = Level 20

Victims under the age of 12 - increase 2 levels = Level 22

Masochistic, sadistic or portrayal of violence - increase 4 levels = Level 26

Use of computer - increase 2 levels = Level 28

At least 300 images, but fewer than 600, increase by 4 levels = Level 32 (I calculated this count by adding 65 images + 200 attempted deleted images + 1 video = 75 images = 340 total images).

If you want to do your own calculation, go here: https://www.ussc.gov/guidelines/2018-guidelines-manual/annotated-2018-chapter-2-e-k#NaN

Sentencing guideline for Level 32 offender is 121-151 months. Calculate here: USSC Guidelines

Doesn't a file sharing partition qualify as "intent to distribute"? Files would be coming and going between the network of users.

 

[RickshawFan]

Since the Judge has discretion to take an upward deviation and because Josh took this to trial (didn't plea) - I hope it's the 12-15 years maximum.

So, this is interesting to me.... Would Josh potentially get a longer sentence because he took it to trial, or because the case was a slam dunk and he took it to trial?

 

[RickshawFan]

At least the baby factory will be closed for the years he’s in prison. I hope she can see that as a positive factor.

Conjugal visits aren't allowed? Or maybe they aren't allowed to sex offenders? Certain classes of sex offenders?

 

[JayWill]

Doesn't a file sharing partition qualify as "intent to distribute"? Files would be coming and going between the network of users.

I read on a British site the other day (may not apply in the US) that downloading and saving material was possessing but just viewing is receiving and not saving it, not necessarily possessing.
I do not have a link though. MOO.

 

[Zella]

Honestly, it could be something really bad or it could just be Anna caught him watching (with consenting adults). Josh is beyond soulless and vile, but with these people you just don't know.

What month was it in 2013, I wonder? They moved to Washington DC in June 2013, and moved back to Arkansas in 2015 after the initial news about him molesting the 5 girls broke. Maybe he was looking for sex workers in the DC area or something (Backpages, Craigslist, etc.)

My guess is he was either caught looking at that year or there was concern about him behaving himself in DC with his prior history, so it was intended as a preventative measure. Obviously did not work.

 

[Cool Cats]

So, this is interesting to me.... Would Josh potentially get a longer sentence because he took it to trial, or because the case was a slam dunk and he took it to trial?

You normally get a much shorter sentence if you take a plea deal. Often other charges get dropped.

When you risk a trial and are found guilty you normally get a longer sentence than you would have had you taken a plea deal.

Had Josh taken a plea deal he probably would have gotten a better deal than whatever he will now be getting.

Something like 98% of defendants take plea deals rather than risk Federal trial. The Feds normally win all their trial cases.

 

[CharlestonGal]

Doesn't a file sharing partition qualify as "intent to distribute"? Files would be coming and going between the network of users.

Interesting. That would probably have required the prosecution to prove Josh knew his files were passively available for download by others on the network and knew they were being distributed by his computer. It would have been great if even one file had been accessed and shared. 2 perps for the price of one.

 

[JayWill]

You normally get a much shorter sentence if you take a plea deal. Often other charges get dropped.

When you risk a trial and are found guilty you normally get a longer sentence than you would have had you taken a plea deal.

Had Josh took a plea maybe he would have gotten a better deal than whatever e will now be getting.

Something like 98% of defendants take plea deals rather tan risk Federal trial. The Feds normally win all their trial cases.

I think, by his smug mug shot, he still thinks that he will get a slap on the wrist, because everyone knows what a good Christian he is. MOO

 

[Cool Cats]

I think, by his smug mug shot, he still thinks that he will get a slap on the wrist, because everyone knows what a good Christian he is. MOO

He was slightly smiling in his mugshot taken after his guilty verdict.

I read he seemed upset in court when looking at and saying "I love you" to his wife.

I think he is conditioned to "smile" for the cameras. Seriously, an automatic response. He spent countless years smiling for cameras no matter how he felt.

Why else smile?

 

[Zella]

He was slightly smiling in his mugshot taken after his guilty verdict.

I read he seemed upset in court when looking at and saying "I love you" to his wife.

I think he is conditioned to "smile" for the cameras. Seriously, an automatic response. He spent countless years smiling for cameras no matter how he felt.

Why else smile?

Yeah his smile doesn't reach his eyes. I don't think he is genuinely happy or smug in that moment. To me, he looks like someone who is shocked and scared and is trying to cover but not putting much effort into it.

 

[RickshawFan]

I read on a British site the other day (may not apply in the US) that downloading and saving material was possessing but just viewing is receiving and not saving it, not necessarily possessing.
I do not have a link though. MOO.

But a file sharing site.... he'd be passing on the files to other users? It's like an international multi-node virtual network, and his partition is like a mini storage facility on the dark web, sending files in and out? In that case, he would be distributing, even though he didn't actively push any buttons to distribute. It's in the nature of "file-sharing".

Maybe we'll hear about this in the sentencing round. It wouldn't have to be a proved element, since it would be de facto a feature of the partition and the material it was accessing.

The LE software might also be able to track whether there were automatic uploads in addition to Josh's downloads?

 

[CharlestonGal]

So, this is interesting to me.... Would Josh potentially get a longer sentence because he took it to trial, or because the case was a slam dunk and he took it to trial?

Accepting a plea bargain is a decrease of 3 levels (points) in the sentencing guidelines, so about 2-3 years would have been shaved off if he took a plea, IIRC.

Also interesting is this:

(5) If the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor, increase by 5 levels.

“Pattern of activity involving the sexual abuse or exploitation of a minor” means any combination of two or more separate instances of the sexual abuse or sexual exploitation of a minor by the defendant, whether or not the abuse or exploitation (A) occurred during the course of the offense; (B) involved the same minor; or (C) resulted in a conviction for such conduct.

ETA: That would put us at level 37 - which is 210-262 months.

 

[fridaybaker]

I wonder how this judge generally metes out prison time in these cases…

 

[LMDlong]

Interesting. Anna wearing black. Hummm....

From above linked post

It was sad seeing her looking down at her wedding ring at the top of the steps . I wonder what she thought when she seen Josh's new picture grinning like a hyena.