Potential sentence disputed in Nevada County child porn case | TheUnion.com
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Potential sentence disputed in Nevada County child porn case

A Smartsville man who earlier this year pleaded no contest to possessing child pornography asked the judge to sentence him to five years’ formal probation and home detention.

The prosecution objected during a hearing Friday in Nevada County Superior Court, arguing that the thousands of “shockingly disturbing” images and videos should lead to a more stringent sentence.

Marcus John Krause, who turns 71 next week, had been arrested at a McDaniel Road home in April 2018 after Nevada County sheriff’s detectives received a tip about someone trafficking child pornography, a spokesman said at the time.



Krause entered an “open” plea in August, meaning no sentencing agreement was made with the District Attorney’s Office.

The probation department stated Krause’s conduct was “shockingly disturbing and inexcusable,“ but found his rehabilitation would be best served through formal supervision, Judge Robert Tice-Raskin noted.



The pre-sentencing report recommended five years’ probation and 240 days in jail, Tice-Raskin said. The conditions included no possession of any type of pornography, registration as a sex offender and participation in a sex offender treatment program.

“I want to personally tell you how sorry I am,” Krause told the judge before alluding to “lapses of judgment on my part (that) led me to commit this terrible crime.”

Deputy District Attorney Patrick Beauchamp argued for prison time, telling Tice-Raskin that characterizing the content of the images as “shockingly disturbing” would be an understatement.

On questioning from the judge, Beauchamp said forensic analysis of Krause’s computer files showed more than 30,000 photos and more than 1,000 videos of children and preteens engaged in sex acts. Based on file names, he said, some of the victims were as young as 7 or 8.

Beauchamp also disputed a statement made by Krause to the probation department in which he admitted possessing child porn for a few years. According to the prosecutor, some of the files found dated back as far as 2003.

“Those children will be victims for the rest of their lives,” he said. “Every time someone views one of those videos, (they) are victimized all over again.”

Defense attorney Michael Meehan argued for leniency, noting Kruase’s age and lack of significant prior criminal history. He also noted there was no distribution of child porn alleged.

Tice-Raskin opted to continue the sentencing, in part because he is considering sending Krause for a diagnostic exam. Krause is set to return to court on Jan. 8, and remained out of custody Friday on a $10,000 bond.

Contact reporter Liz Kellar at 530-477-4236 or by email at lizk@theunion.com.

Marcus Krause

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