B.C. man's ‘relatively modest’ child porn collection doesn’t merit jail time, judge rules

A B.C. man who admitted to police he was aroused by child pornography found in his home but later denied sexual interest in children, will serve his sentence at home, partly due to the “relatively modest size” of his stash — six images. Such was the ruling from provincial court Judge Andrew Tam in Kelowna, who handed down a conditional sentence of two years less a day to Mark Keenan in a decision published this week. “Although there is no strict mathematical relationship between the size of the collection and the length (or indeed type) of sentence, the size of a collection has often been held to be an aggravating factor, “ Tam wrote. “It stands to reason, then, that a modest collection, while not a mitigating factor, could nevertheless distinguish it from other cases.” Keenan, 54, pleaded guilty to one count each of possession of child pornography and distribution of the same, offences for which he was first arrested in September 2018 after someone alerted the National Centre for Missing and Exploited Children (NCMEC) about his account. The RCMP obtained a search warrant and found the six images meeting the definition of child pornography on one of his devices. Forensic investigations also uncovered communication between Keenan and other users, mostly adults but including one who identified as a 15-year-old boy, in which he discussed sexual activities with children and the exchange of images. Keenan insisted at his sentencing hearing in March that he had “no sexual interest in children” and that he happened upon the images while searching for beach and sunset photos. So appalled at the sight of child pornography, Keenan, in both a statement to police upon his arrest and again at his hearing, maintained he found the images in September 2017 and was using them to run his own “undercover sting” to catch pedophiles on Tumblr so he could get them banned. Tam rejected the idea the offences were carried out “for the public good” and noted Keenan, in his statement to police, provided “the most damning evidence.” When asked by officers if he was aroused by the images he replied, “I mean, in a way, it’s hard not to be.” Other than that admission, Tam cited several reasons for dismissing Kennan’s assertion on the balance of probabilities, He first pointed to the messages, in which Keenan offered “extensive and detailed” insight into his sexual interests with children. The judge called the exchanges “unnecessarily graphic” for someone only trying to snag a predator and questioned why they went on long after ample evidence had been acquired. “His participation in these conversations seems too genuinely earnest for it to be a ruse,” Tam wrote. That Keenan accepted one individual’s claim to be a minor, and that he still chose to exchange images of their respective genitalia, also didn’t bolster his “sting operation” defence. “Sending a photo of his own penis, and asking for a photo of the penis of someone who is ostensibly 15 do not serve that purpose,” the judge decided. Tam also couldn’t accept that reasoning because Keenan kept the six original photos and carried out his operation for a year. Doing so, the judge said, resulted in what Keenan sought to snuff out — “the proliferation of child pornography on the site.” While the undercover operation certainly wasn’t a “mitigating factor,” Tam highlighted others that led him to deliver the conditional sentence as opposed to time behind bars. He said Keenan is a gainfully employed community member with a common-law partner of 12 years from whom the judge notes “he still enjoys tremendous support” and who described him as “a genuine and loving person with integrity.” He has no criminal record, nor any history of mental health or substance issues, and was cooperative with police from the outset. He’s also been living in the community for over six years without incident. Keenan, who’ll be in the DNA database for five years, will be on house arrest for the first 18 months, with the remainder spent on a 6 p.m. curfew. Twelve months of probation will follow.

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