FAYETTEVILLE — Federal prosecutors Wednesday opposed Josh Duggar’s request to be given the minimum possible sentence for his child pornography conviction. They also defended their request that Duggar be given the maximum available under the law.
Duggar was convicted Dec. 9 of possessing child pornography. U.S. District Judge Timothy L. Brooks is set to sentence him at 9:30 in the morning, Wednesday in Fayetteville.
Duggar, 34, of Springdale, was charged in federal court with two counts involving receiving and possessing child pornography. The jury found him guilty on both counts after more than six hours of deliberation over two days.
He’ll only be sentenced on the count of receiving child pornography because possession of child pornography is considered a lesser included offense under federal law.
Duggar faces up to 20 years in prison and fines up to $250,000. He’s been held at the Washington County jail since being convicted.
Duggar’s lawyers have objected to several proposed sentencing enhancements put forward by prosecutors. They argue the images he downloaded did not depict sadistic or masochistic behavior, dispute the number of images downloaded, object to an enhancement for a pattern of behavior involving young girls and argue for less prison time because Duggar is devoted to his family and faith.
They also argue 20 years on a child porn conviction would be excessive, entirely unwarranted and unprecedented for the crime.
Prosecutors argue depictions of men sexually penetrating prepubescent minors, or attempting to do so, are sadistic under the law.
Duggar’s lawyers have argued the total number of images involved is about 127 and they were subsequently deleted. Prosecutors say the number is much higher and whether Duggar actually viewed or deleted the files is irrelevant.
“The forensic evidence from trial proves beyond a reasonable doubt that Duggar received and possessed — and even viewed — at least seven videos and hundreds of images before deleting them, bringing his total image count to over 600,” according to prosecutors.
The defense maintains Duggar was never convicted of sexually abusing young girls, so no pattern of behavior has been established.
“There was no juvenile adjudication, much less a conviction. Instead, the government’s entire basis for imposition of this enhancement is based on hearsay testimony of Bobye Holt, Jim Bob Duggar and a Fox News interview of Duggar’s parents conducted by Megyn Kelly,” according to the defense. “This ‘evidence’ is simply not sufficient for this court to conclude that this enhancement should apply.”
The government counters Duggar confessed he engaged in a pattern of behavior involving the sexual abuse of young girls to his father and Holt.
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