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Weinstein has also indicated that in future child porn cases he will disregard the federal rules of criminal procedure and inform his juries of the sentences defendants will get if convicted. Rinehart was convicted of producing child pornography.

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But in cases where a suspect is charged with receiving child pornography, prosecutors need not even show intent. The mere presence of the images on the defendant's computer is enough to win a conviction.

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So if you accidentally or unknowingly download a video that's later discovered on your computer, you could be looking at a really long sentence.

In a survey by the U. Sentencing Commission, 71 percent of the federal judges who responded thought the five-year mandatory minimum for receiving child pornography was too harsh. Just 2 percent thought it was too lenient. Only the mandatory minimum for crack cocaine, which has since been reduced, met with wider disapproval.

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It could actually have been worse for Rinehart. Under federal law, he could have faced up to 25 years in prison.

In exchange for a guilty plea, prosecutors agreed to seek only the minimum sentence. Unfortunately for Rinehart, that plea agreement also prevents him from challenging his conviction or sentence. His only hope for early release is executive clemency.

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Given the clemency records of the last two administrations, that does not seem likely. Rinehart's case also illustrates the advantages of federalism. Traditionally, criminal law has been left to the states.

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Age of consent in particular is an issue that is best decided at the state or local level, where lawmakers can set boundaries that reflect local values. The federal law that Rinehart was charged with breaking, which raised the federal age of consent for explicit images from 16 to 18, was passed under the authority of the Commerce Clause. According to the prevailing interpretation of the clause, the federal government has a legitimate interest in regulating the interstate sale and distribution of child pornography by prohibiting it to prevent the exploitation of children.

But the women Rinehart photographed were not children. Under Indiana and federal law, they were adults. Furthermore, Rinehart not only was not a producer of actual child pornography; he was not even a consumer.

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His decision to photograph and upload to his computer photos and video of the two women had no effect whatsoever on the interstate market for child pornography. You could argue that it makes sense to have a higher age of consent for sexually explicit photos than for sexual activity because photos can be preserved and distributed.

That means one bad decision can cause lasting harm, something a or year-old disoriented by love or passion may not be mature enough to consider. But as Hamilton points out in his sentencing statement, there is no indication that Congress had this rationale in mind when it raised the age of consent in Instead the congressional record indicates the reason for the change was that prosecutors usually are not able to track down the women depicted in explicit photos to verify their ages.

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