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: Fourth Circuit Blog

Restricted Access to Any Sexual Material OK Due to Individual Assessment of Defendant

By Jonathan Byrne

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US v. Van Donk: Van Donk was on supervised release arising from a conviction for possession of child pornography. Through several violations and revocations he had always been required to participate in sex offender counseling and avoiding various forms of sexually explicit material. His most recent violation (and revocation) resulted in the district court imposing a condition that Van Donk abstain from child pornography specifically (after the parties agreed that a blanket ban on pornography would be too broad). However, it also required him to continue sex offender counseling with a provider, who testified at the revocation hearing, which required Van Donk to abstain from any pornography (she claims that pornography "isn't healthy" for anyone), which she defined to include "anything that aroused [Van Donk] enough ...continue to full post

Full post as published by Fourth Circuit Blog on June 09, 2020 (boomark / email).