Accused of Illegally Possessing Child Pornographic Material: Situation in Naalehu
Fresh Take:
Caught in a sickening taboo, a 43-year-old man from Naalehu, Hawaii now walks the streets, awaiting trial after a judge granted him supervised release on charges of child pornography possession.
After being slapped with a $100,000 bail for second-degree promotion of child abuse, Dawson Dominador Pilanca was given supervised release—a cashless bail—following his initial court appearance. His defense attorney, Victoria Andrade-McKeehan, argued successfully for his release, with the prosecution unsuccessfully pleading for some financial bail to remain.
Kona District Judge Mahilani Hiatt set Dawson's preliminary hearing for May 28, 10 a.m. local time. The investigation leading to his arrest began in December when a cyber tip pointed to child pornography possession. After obtaining a search warrant, West Hawaii Vice detectives found more than 70 explicit videos of sexual conduct involving minors on Pilanca's cellphone, some under the legal age of 12.
During questioning, Pilanca reportedly admitted to obtaining the illicit content via the app called Telegram, saving them on his phone, and occasionally deleting them due to storage issues. He allegedly told investigators he was drawn to child pornography.
According to police reports, the case was investigated in partnership with the Hawaii ICAC Task Force. Despite being charged with both second-degree and third-degree promotion of child abuse, only the more serious charge made it to court.
Pilanca, who apparently had no prior criminal record in Hawaii and no U.S. felony convictions, faces a maximum sentence of 10 years imprisonment if found guilty.
Child pornography laws in Hawaii and beyond are stringent, with federal and state regulations playing a crucial role. While federal laws govern the core offenses, the decision to grant supervised release is under the discretion of the presiding judge, considering both public safety and the defendant's right to a fair trial.
Insights:
- Supervised Release and Bail: In Hawaii, the decision to grant supervised release over traditional bail is within the judge's discretion, ensuring that pretrial release is a balanced consideration between public safety and the defendant's rights.
- Child Pornography Laws: Federal law (18 U.S.C. § 2252A) and state laws (like Hawaii Revised Statutes) are enforced to counter child pornography possession.
- Investigative Agencies: In cases like Pilanca's, state and federal law enforcement agencies, such as the FBI and the Hawaii ICAC Task Force, collaborate to investigate instances of child pornography.
- Felony Sentencing: Conviction for second-degree promotion of child abuse can result in up to 10 years in prison, while third-degree promotion results in a maximum sentence of five years in prison. In Pilanca's case, only the second-degree charge made it to court, suggesting a higher grade of offense.
- The supervised release granted to Dawson Dominador Pilanca, following his initial court appearance on child pornography possession charges, is a cashless bail option that the presiding judge can choose in Hawaii to balance public safety and the defendant's right to a fair trial.
- The strict child pornography laws in Hawaii and beyond, such as the Hawaii Revised Statutes and federal law (18 U.S.C. § 2252A), aim to counter the possession and distribution of such explicit content involving minors.
- State and federal law enforcement agencies, including the FBI and the Hawaii ICAC Task Force, often collaborate in investigations related to child pornography, as in the case of Dawson Pilanca's arrest.
- Child pornography offenses can lead to severe penalties in the United States, with conviction for second-degree promotion of child abuse resulting in a maximum sentence of 10 years imprisonment.
- In the case of Dawson Pilanca, the defendant faced charges for both second- and third-degree promotion of child abuse, but only the more serious second-degree charge went to court, implying a higher grade of offense in this instance.
