Recent appellate rulings and a policy articulated June 1 by a state board have left judges struggling with how to assess the community risk presented by sex offenders convicted of possessing or distributing child pornography.
A judge in Manhattan, in what he described as a matter of first impression, said that under a new policy published by the Board of Examiners of Sex Offenders, judges are no longer required to assess pornography offenders with additional points based on the number of victims and if the victim was a stranger. A Brooklyn judge, on the same day in another case, came to the same conclusion.
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