ISU sophomore pleads guilty to charge of child pornography, is sentenced
July 14, 2003
An ISU sophomore has been sentenced to one year probation after being arrested on child pornography charges in March.
Nicholas Lahr, 19, was living in Welch Hall last spring when ISU Police discovered three still images and one digital movie on Lahr’s personal computer depicting minors engaging in sexually explicit activities.
A search warrant was obtained after a routine examination of the ISU network March 12 led police to a file folder suspected of containing child pornographic material.
ISU Police searched Lahr’s residence hall room March 13 and confiscated his computer and related materials.
Lahr faced up to eight years in prison when he was charged with four counts of sexual exploitation of a minor. Each charge was an aggravated misdemeanor worth up to two years in prison.
Ames attorney Daniel Gonnerman represented Lahr in his case against the state of Iowa and said his client will be reporting to a probation officer for the next year.
“Sex offenders generally visit their probation officer twice a month,” Gonnerman said.
As part of Lahr’s probation, which was handed down by Story County Associate District Court Judge Steven Van Marel, he is required to complete a sex offender evaluation and seek treatment if recommended by a professional.
State law requires sex offenders to let the public know their past.
“He’s required by law to register as a sex offender,” Gonnerman said.
Lahr was one of four students charged with possession of child pornography during the 2002-2003 academic year. Former men’s basketball assistant coach Randy Brown was also charged with possession of child pornography this past year.
Lahr pled guilty to one charge of owning an image produced in the mid 1970s of child pornography, Gonnerman said. The other charges were dismissed in court as part of a plea bargain.
“All parties were in agreement that probation was appropriate,” Gonnerman said.
He said Lahr will have to successfully complete one year of probation before his record will be cleared.
“He’s neither convicted nor not guilty,” Gonnerman said. “He’s kind of in limbo.”
He said although Lahr’s record will be cleared of the child pornography charge, a record of his arrest will remain on file.
“As a matter of public record, the charge will be dismissed,” Gonnerman said. “But it’s not like we’ll pretend it never happened.”
According to state law, there is to be no public record of a deferred judgment after the sentence is completed. This is usually done by expunging, or erasing, the defendant’s record, Gonnerman said.
“It’s as close as you can get [to destroying a record],” he said.
If Lahr’s record is expunged after his probation period, a court order will be required in order to view the erased file.
Gonnerman said it is important to note that Lahr did not produce the pornographic material; he possessed it. Lahr was in possession of many pornographic files, Gonnerman said, and only a few of them were against the law to own.
“There were thousands of files [on Lahr’s computer] that were pornographic in nature and only four of those were illegal,” he said.