From Deseret News archives:
Child-porn sentence is 5+ years in prison
U.S. District Judge Dee Benson described the sentencing as "not easy" but essential in order to stem the epidemic of trafficking in child porn.
Benson also sentenced Kevin Stewart McMahan to 30 years of "supervised release" under the control of federal officials that involves such provisions as no contact with anyone under 18 unless another adult is present, restricted and monitored computer access, and sex offender treatment.
McMahan will have to register as a sex offender.
"This is not an easy sentencing for me to hand down," the judge told McMahan.
The freelance TV producer was held in high esteem by his colleagues, had a thriving career and, from all accounts, had never touched a child inappropriately.
However, McMahan was arrested in 2007 leaving Utah for California with 46 DVDs in his checked-in luggage that held child pornography, including some images of very young children. Police also found marijuana and methamphetamine. He had been in town covering the NBA playoffs for ESPN and ABC.
Benson said it appeared that McMahan had never directly harmed a child, but added that a person does hurt children simply by possessing child pornography. The judge said he would not be doing his job if he did not send a signal to deter others.
The judge said he agreed with prosecutor Karin Fojtik that "the only way to stop the supply is to stop the demand" for child porn.
Fojtik said that the pornography McMahan possessed involved pictures of real children who were forced to engage in sexual acts.
"Some images involve very young children in the worst possible depictions of child pornography," she said.
McMahan's attorney, L. Clark Donaldson, stated that his client should be punished for a serious crime, but argued that a sentence of two years in prison would be sufficient. Donaldson said McMahan had never hurt a child directly and was "intelligent and motivated to address underlying problems" that move him to view pornographic images.
McMahan told the judge that he would accept the court's decision, but added that his real punishment began the day he was arrested. His wife has divorced him, his teenage sons want nothing to do with him, some friends have rejected him and his work prospects once out of prison look dim.
McMahan said he now realizes that downloading child porn is not a victimless crime.
"I am deeply sorry for what happened to my family and my life," he said.
E-mail: lindat@desnews.com
