Most people use social media to communicate with friends or watch cat videos, but for others, they use these online platforms to send or receive sexually explicit materials involving children.
Moose Jaw’s Zachary Micheal German is one such person who possessed child sexual abuse materials and 11 related videos to the social media platform Kik Messenger on Dec. 28, 2021, using his Samsung smartphone.
In mid-January 2022, the National Centre for Missing and Exploited Children discovered the material and forwarded the information to the Saskatchewan Internet Child Exploitation (ICE) unit, which contacted Moose Jaw police, said Crown prosecutor Monique Paquin in provincial court on May 9.
Officers acquired a search warrant on Jan. 20, 2022, and executed it against the home of German’s grandmother with whom he was then living, where they seized his devices, Paquin continued. A forensic analysis revealed one phone had eight videos and 32 pics of child sexual abuse materials.
German later visited the police station on Dec. 13, 2022, so the police could officially charge him with possession of child pornography and distribution of child pornography.
“German provided a statement saying he was addicted to pornography and it crossed the line into child pornography,” the Crown prosecutor added.
He pleaded guilty to possessing child pornography in court on May 9 and, as part of a joint submission, received nine months in jail followed by 12 months of probation.
The Crown stayed the charge of distribution of child pron.
While the size of his video and picture collection was not large compared to other collections with thousands of images, it was not small either, said Paquin.
“From the Crown’s perspective, this is a borderline case. It’s why where we’re asking for the increased sentence from the (mandatory) minimum (of six months) … ” she stated. “All child porn is horrible; this is not the worst, but it’s wrong to exploit children.”
German must forfeit his phone, provide a DNA sample to police and have his name listed on the national Sex Offender Information Registry Act for 10 years.
Moreover, he is prohibited for five years from attending any public place — such as a park, pool, daycare, school grounds or community centre — where he might encounter youths under age 16. He cannot acquire a job or volunteer position where he would have power over someone under age 16, while he cannot contact anyone under that age with supervision.
However, he can have “incidental contact” with youths at a public venue such as a mall, restaurant, grocery store or business.
With his probation, German must keep the peace and be of good behaviour, live at an approved residence, take sex offender programming, take personal programming, and face similar prohibitions of being around youths under age 16 as above.
Also, he cannot live at a residence with internet access unless the device is protected with a fingerprint sensor, nor can he use a device with digital storage. However, he can use a phone, TV or gaming system if they don’t have internet access or if his job or education requires that access.
German was co-operative with police and pleaded guilty, while he has expressed remorse, said legal aid lawyer Tyne Hagey. He is grateful for this sentence since the distribution charge could have led to 12 months in jail.
Judge Brian Hendrickson accepted the joint submission and agreed to waive the victim surcharge.
“We are talking about images of real victims … real children,” the judge added. “This (was) not a victimless crime.”
