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Eastern Cape Man Bags 8 Years Imprisonment For Child Pornography

An Eastern Cape man who pleaded guilty to the possession and distribution of child pornography was sentenced in the Port Elizabeth Regional Court on Thursday.

Kerwin David Budden from Port Elizabeth pleaded guilty to the charges of possession and distribution of child pornography in August.

The Films and Publications Act of 1996 defines child pornography as any image, real or simulated, created depicting a person who is or shown as being under the age of 18 years, engaged in sexual conduct or a display of genitals which amounts to sexual exploitation, or participating in, or assisting another person to engage in sexual conduct which amounts to sexual exploitation or degradation of children.

According to the HeraldLive, Budden’s arrest came after a lengthy investigation triggered by a tip-off from the Federal Bureau of Investigation (FBI) in the US.

The FBI alerted the South African Police Service’s (SAPS) serial and electronic crime unit, which sparked the investigation.

At the time, National Prosecuting Authority (NPA) spokesperson Anelisa Ngcakani said Budden’s case stemmed from August 2019, when a suspect from Krugersdorp, west of Johannesburg, was arrested for the possession and distribution of child pornography. The suspect confessed to his involvement pertaining to the child pornography but is yet to plead, the publication reported.

According to TimesLive, Magistrate Kenny Cooney said 24 graphic images formed part of the docket that was placed before the court as evidence. Seven of the images depicted children aged between 10 and 14 involved in scenes of sexual penetration.

Three images showed genitals of children, including a toddler, while 14 images depicted children in naked poses.

Cooney, who described the images as “downright disturbing”, sentenced Budden to 12 years’ imprisonment of which four will be suspended for five years.

Cooney also ordered for Budden’s name to be entered into the national register of sex offenders, not be allowed to work with children and deemed him unfit to possess a firearm.

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