Guilty of second child porn charge

Published Friday September 5th, 2008
A3

A U.S. man convicted of possessing child pornography at the Woodstock border last week will serve only a few days of additional time in jail for a related charge.

Carlo Lee Luse of Alex, Oklahoma, entered a guilty plea on Tuesday to a single count of attempting to smuggle prohibited goods (child pornography) into Canada under the Customs Act.

Last Friday, the 49-year-old Luse was sentenced to 14 days in jail and a $500 fine after pleading guilty to possession of child pornography.

Both charges arose from a search of Luse's Ford pickup truck, and a subsequent search of his laptop when he arrived at the Woodstock port-of-entry on Wednesday, Aug. 27.

When asked where he was going, Luse stated he planned to do some whale watching and sight seeing in the province.

But, where he could not provide a specific destination to Canada Border Services Agency (CBSA) officials, a secondary search of his vehicle was conducted.

"The laptop was discovered in the vehicle and, as a result of a program check, several images of child pornography were found," Crown prosecutor David Hitchcock told the court in sentencing Tuesday.

"Three were deemed sexual in nature with females certainly under the age of 15."

Of the hundreds of photos found on the laptop, the charge of child pornography possession on Friday only related to three images – one of a child alone with their shirt being removed; a second of a child alone; and a third of two children involved in "petting," according to prosecutor Karen Lee Lamrock.

"There were approximately 10 nudist beach images of children under the age of 12... some with painting on their bodies," Lamrock said. "Also among these were a number I would categorize as questionable as to whether the person in them is under the age of 18. The problem is most women fully develop around the age of 14 and there is some difficulty determining their age without their identity.

"There are a number of pictures again of nude women above the age of 18."

Lamrock added that there were no "sex acts" involved in any of the photos.

Hitchcock stated the Crown would be "content" with a sentence of 14 days in jail concurrent to the first sentence.

Judge R. Leslie Jackson concurred and issued the 14-day concurrent sentence.

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