Penticton man handed 3 years for distributing child pornography

Jesse Prince was convicted of possessing, accessing and distributing child pornography in December

A Penticton-area man was sentenced to nine more months and 10 days in jail after he was convicted of child pornography charges last year.

Jesse Prince was convicted of one count each of accessing and possession of child pornography, as well as two counts of importing or distributing child pornography on Dec. 4 last year.

Crown had sought a four-year sentence, while defence had asked for a more lenient sentence of 18 months in a sentencing hearing on April 27. Justice Kathleen Ker ultimately landed on a sentence of three years in a Monday morning hearing, which with time served amounted to 280 days.

Related: Crown seeking 4 years in Penticton child pornography case

Prince also has a 10-year ban on being in places where children can reasonably be expected to be, such as schools and playgrounds. He does have an exception to be in the presence of his own children on the condition that the children’s mother is presence.

He also has a ban on using the internet except for things like work-related issues, and is subject to random searches of his electronics.

Child pornography charges come with a minimum of one year in jail and a maximum of 10 years imprisonment.

Justice Kathleen Ker pointed to Prince’s apparent lack of remorse, having continued denying the charges even since his conviction, as an aggravating factor. Prince had suggested he was interested in rehabilitation, but only for his substance abuse issues, not for issues related to the child pornography.

Related: Penticton man found guilty of child pornography charges

On the other hand, Ker noted Prince’s history with sexual abuse, learned by the court in a pre-sentence report. Ker also had to take into account Prince’s Indigenous heritage, particularly in the context of systemic repression, and referred to Prince’s “chaotic, dysfunctional family life” as a generational effect of residential schools.

“These unique background and systemic factors have no doubt played a significant part in bringing Mr. Prince before the court. Mr. Prince’s traumatic and damaging experiences through his formative years and his Aboriginal background inform my assessment of his moral culpability,” Ker said.

“Given the vile nature of the materials he collected and shared is modestly attenuated when viewed through the lens of his experience as a child.”

Yet that was, to some degree, countered by that apparent lack of remorse, and Ker said it was unknown how much of a risk Prince remains to be in the community. She did, however, note he does have the continuing support of his father, who would provide Prince a place to stay upon his release.

“The unknown quantity in all of this, however, is further risk to other children, given there is no demonstrated insight into his offending and no formal risk assessment to assist,” Ker said.

“While Mr. Prince did not directly abuse them by making the children perform the various sexual acts … the market perpetuates both the ongoing abuse through the sharing of the images, and drives the need for more imagery and therefore more abuse.”

Ker did note “rehabilitation remains a distinct possibility,” saying Prince did appear to be taking a first step toward addressing his traumas from his “chaotic” childhood.

Prince was arrested during an investigation from the Saskatoon Police Service, in which an undercover officer had began communicating with a man online about child pornography.

That man ultimately provided that officer with several files of child pornography. Through his IP address, police determined him to be located at Prince’s father’s house on the Penticton Indian Band reserve.

Upon seizing multiple devices, a hard drive and computer were found to have contained 300 files of child pornography. Prince had argued it was a family computer, and child pornography on the computer was not a result of his own use.

However, Ker determined that testimony to be “preposterous,” given expert testimony that only one person had used the computer.

Just Posted

Okanagan dancing to the beat of many drums at the Pow Wow Between the Lakes

Day two of the Pow Wow Between the Lakes featured a vast array of dancers of all ages

Summerland cannabis shop receives approval in principle

Inspection now required before Green Gaia may sell cannabis

Kelm wins Okanagan Ogopogo tubbing championship

Robbie Kelm edged out Dr. Lloyd Westby to take the Great Ogopogo Bathtub race title

Okanagan team bows out early at B.C. baseball championships

The SOMBA Tigers U18 AAA squad lost its first two games at the provincials

Osoyoos woman who threatened mom and baby with butcher knife sentenced

Sharon Constance Forner pleaded guilty to one criminal charge and was sentenced

‘It’s just the freedom:’ Paralyzed Broncos player pursuing life on the water

The former Humboldt Broncos goaltender, who started in the net when he was nine, was paralyzed last year

Canadians killed in Afghanistan honoured during emotional dedication ceremony

One-hundred-fifty-eight Canadian soldiers died during the mission

It’s snow joke: Up to 30 cm of snow expected to fall in northeastern B.C.

Alaska Highway, Fort Nelson to be hit with August snowstorm, according to Environment Canada

‘I’m just absolutely disgusted’: Husband furious after B.C. Mountie’s killer gets day parole

Kenneth Fenton was sentenced to prison after he fatally struck Const. Sarah Beckett’s cruiser

Sea-to-Sky Gondola in B.C. likely out of commission until 2020

Sea to Sky Gondola carries between 1,500 and 3,000 people every day during the summer season

Auntie Says: A different spin on to the bullying problem

Faye Arcand is a freelance writer living in the South Okanagan

Helicopter-riding dog Mr. Bentley now featured on cans of new B.C.-made beer

Partial proceeds from every pack go to Children’s Wish

PHOTOS: Weapons seized at Portland right-wing rally, counterprotests

Not all who gathered Saturday were with right-wing groups or antifa

Most Read