Judge says some people like to photograph sex

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By Jason Overholt

CHATTANOOGA, Tenn. (AP) — A federal judge who sentenced a man for taking nude photos of his underage girlfriend during sex asked why the man was prosecuted for child pornography and said some people just like to photograph their sexual activities.

"He was ... having sex with a 14-year-old. I don't think society gives out medals for that," U.S. District Judge Harry S. "Sandy" Mattice (muh-TYS') said at the Monday sentencing. "But let's face it, some individuals like to photograph their sexual activities."

The Chattanooga Times Free Press reports that Mattice sentenced Brad A. Davis, 23, of Winchester, to four years and three months in prison.

Davis said at the Monday sentencing that the relationship was consensual and "I guess I'm going to jail for being in love."

Court records show the video and photos were not sold or given to anyone else.

Davis pleaded guilty in June to one count of knowingly possessing material that contained images of child pornography.

Assistant U.S. Attorney John MacCoon said Davis could have been charged with manufacturing child porn, which carries a minimum 15-year sentence.

Defense attorney Mary Ellen Coleman told the judge that Davis doesn't fit the profile of a child pornographer. He had no prior criminal record and was "truly despondent" over the teen who allegedly pursued the relationship and whom he ended up caring for deeply.

"This is not a situation where Mr. Davis identifies sexually with children," Coleman said.

Coleman at the sentencing also compared the case to a recent state court case in Chattanooga that involved a high school teacher-coach who received probation when he pleaded guilty to statutory rape for a consensual affair with a 16-year-old student.

If the teacher-coach stays out of legal trouble, his felony conviction will be erased from the record after five years and unlike Davis, he will never have to register as a sex offender.

Mattice accused federal prosecutors of "intentionally" charging Davis with a child pornography crime to "distort" the real aim of such statutes.

"My job is to figure out, what do we really have here?" Mattice told MacCoon.

The judge said Davis was probably guilty only of statutory rape and the images labeled "child pornography" by prosecutors were secondary.

MacCoon said prosecutors acted properly and he noted the teen was 14 when the relationship started.

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Information from: Chattanooga Times Free Press, http://www.timesfreepress.com

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