Taylor could serve 5 years for child porn

UPDATED JANUARY 21, 2011:

Richard Lee Taylor

ABINGDON — A federal judge has agreed to postpone formal sentencing of a Galax man who pleaded guilty to Internet child pornography charges.
Federal guidelines recommended a sentence of 5 years for Richard Lee Taylor, 38, who is in federal custody awaiting sentencing.
On Jan. 19 in U.S. District Court in Abingdon,  Judge James P. Jones presided over a sentencing hearing for Taylor. He heard a pre-sentencing report and entertained arguments from the prosecution and defense about the appropriate length of Taylor's sentence.
According to court documents, Judge Jones chose to continue the sentencing hearing “to review evidence and case law presented and to rule on pending [defense] motions to dismiss and withdraw [Taylor's] guilty plea” to one of the charges.
Jones has set a new sentencing hearing for Jan. 31 in U.S. District Court.

ABINGDON — A Galax man could serve five years in federal prison for downloading and sharing numerous child pornography files over the Internet.
Richard Lee Taylor, 38, of 752 Beech Grove Lane, was charged in October 2009 after investigators executed a search warrant at his home. A forensic evaluation of Taylor’s computer was conducted and numerous child pornography files were discovered.

Last year, Taylor pleaded guilty in U.S. District Court for the Western District of Virginia to one count of receiving child pornography and one count of possessing child pornography.
Taylor will be required to register as a sex offender and his photograph, address and other identifying information will be listed on the Virginia Sex Offender registry.
According to U.S. District Court files, the investigation into Taylor's activities began when a Charlottesville police detective determined that an Internet address in Galax was offering distribution of suspected child pornography through a shared file program.
The address was linked to the account of Taylor’s mother and a search warrant was issued for the residence, where the defendant resided.
The search warrant was executed on Oct. 29, 2009, by local investigators  working in cooperation with the Southwest Virginia Internet Crimes Against Children Task Force.
The officers determined Mr. Taylor was actively downloading suspected child pornography at the time of the search.
Taylor was arrested that day on state charges of possession of child pornography.
According to the court documents, he admitted to the arresting officers that he was receiving child pornography from the Internet. “He candidly revealed his offenses and admitted his compulsion.”
Taylor was released on bond until April 7, 2010, when the federal charges were placed against him. The state charges were dismissed in favor of federal prosecution, which carries a harsher penalty.
The incident was Taylor's first criminal offense, the court records show. “He has never received as much as a speeding ticket.”
According to the court files, investigators found that Taylor has suffered from emotional problems since childhood and he was diagnosed with anxiety and personality disorders as an adult.
However, Taylor “was evaluated at the Butner Bureau of Prisons for competency and sanity at the time of the offense and was found to be competent to stand trial and sane at the time of the offense.”
The competency examiner’s report stated that Taylor met diagnostic criteria for pedophilia, “but it is important to note that there is no evidence that Mr. Taylor has ever engaged in sexual activity with a minor child.”
The pre-sentencing report on file with the federal court states that Taylor should receive sex offender treatment while in custody, and continued treatment for his mental health issues during incarceration, should he serve any prison time.
The sentencing guidelines also refer to Taylor's sentencing creating setting an example — a “deterrent effect” — for other sex offenders.
“The defendant pleaded guilty to an offense that will label him as a sex offender for the rest of his life. The designation of a person as a sex offender in today’s society has a totally negative impact on that person’s life,” the documents state.
“The ramifications and ostracism of sex offender designation alone and apart from a period of incarceration create a deterrent effect that should  dissuade others who might be similarly situated from viewing child pornography.”
According to the federal sentencing guidelines, Taylor faces the mandatory minimum sentence of 60 months.
The court documents quote a report from a federal judge, who offered his opinion on sentencing guidelines in child pornography cases: “Even under the most humane and enlightened conditions — which are imperiled once fellow inmates learn about why a downloader is serving time — five years is a significant loss of liberty.”