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Archive for Tuesday, September 11, 2012

Wichita man appeals 27-year sentence over ‘sexting’

September 11, 2012

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— A Wichita man is appealing his nearly 27-year federal prison sentence for enticing a 14-year-old girl into texting him a nude photo of herself.

Twenty-six-year-old Shane McClelland filed a notice of appeal in the sexting case Monday with the 10th U.S. Circuit Court of Appeals.

A federal jury convicted McClelland in May of obtaining the picture via cellphone from the girl, who lives in upstate New York. He was acquitted of a similar count involving another teen.

U.S. District Judge Monti Belot sentenced him last month under enhanced penalties as a repeat sex offender.

Comments

acg 1 year, 7 months ago

Maybe to some of you the sentence seems harsh, but think of it this way. Maybe the judge saw this guy for what he seems to be. A sex offender. Maybe a mild one at this time, but what about the future? We all know how it goes down with these freaks. It starts with images, and then that's not enough. Then they move on to touching and molesting kids, until they get caught. They do a little time and are let free but they need to offend again. Well, the last kid talked, so whaddya do about that? You kill the next kid so they can't talk. I'm sorry but this guy seemed to be well on his way to all-out child sex perv. Now, if the judge had given the a**hat a year or two and then the guy got out and raped and murdered a girl, everyone would be all "why did the judge let him out the last time? It was obvious he was a sex perv". Can't have it both ways, folks! :)

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nut_case 1 year, 7 months ago

Clearly they both could have used better judgement. But this case does highlight just how ludicrous laws have become. The guy might not have received much worse of a sentence actually raping or killing her vs having a simple image on a cell phone.

If he could have just waited a few years until she was 18, he could have the photo, AND arrange to meet up with her, AND pay her for sex, AND video tape the whole encounter, AND post it on the internet for all to see - perfectly legal.

You will notice the last two criteria are emphasized* - these are actually a legal requirement. Meeting up, and paying for sex in a private room would be considered prostitution - thus illegal. Videotaping it and putting it up for public view reduces it to simple pornography...perfectly legal.

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Cant_have_it_both_ways 1 year, 7 months ago

Last time this story was posted, I asked what did the girl get...and got clobbered. I am glad to see there are some sane people on here.

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progressive_thinker 1 year, 7 months ago

This was McClelland's second child sex offense. He was initially in community corrections for aggravated indecent liberties [child less than 14 yoa], but escaped from the facility. He went to KDOC prison on both of these, and was released on parole in May 09, and was on parole at the time of the current offense.

http://165.201.143.205/kasper2/offender.asp?id=52560

While I agree that the US overuses incarceration, this fellow is not a good example of oversentencing. Committing a new child sex offense while on parole for a child sex offense and an escape does not bode well for the future.

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Topple 1 year, 7 months ago

I'm okay with 27 years for repeat sex offenders, but not when you put it in context.

http://articles.nydailynews.com/2012-06-07/news/32106960_1_texting-while-driving-death-prison-time-crash

This guy KILLED SOMEONE and will serve 1 year in prison.... you're telling me getting a 14 year old to send you a nude picture is worthy of 27x the sentence as killing a father of three?

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naturalist 1 year, 7 months ago

It's the sexual offender/predator laws. They have overly large mandatory sentencing and even something like sexting falls into sex offender category. Some of those laws really need to be repealed or drastically changed.

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patkindle 1 year, 7 months ago

when i read this the first time, i suspected they had more on the guy than reported, after all i have seen stone cold killers recieve 1/2 the time or less, we must be missing something..or maybe the judge was having a bad day??

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KansasLiberal 1 year, 7 months ago

What kind of prison sentence did the 14 year-old producer of child pornography receive? If anyone committed a crime here, it was her, so why hasn't she been punished? If these two robbed a bank or liquor store together she'd be tried as an adult, so why hasn't she been punished for producing and distributing child pornography?

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b8es 1 year, 7 months ago

Norway - Mass murder kills 77 people, gets 21 years. U.S. - Guy receives one electronic message from a kid with daddy issues, gets 27 years. And we wonder why we've got the highest incarceration rate in the world (including such freedom lovers as North Korea and China). I see that this guy is a repeat offender, and I don't mean to condone his actions but the prison-industrial complex in this country will be our downfall if it is allowed to continue..

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